High court stays CAT order

Calcutta HC on Tues stayed a CAT order that set aside promotion of four IPS officers.

Kolkata: The Calcutta High Court on Tuesday stayed a CAT order that set aside promotion of four IPS officers, but directed that no new promotion to any officer junior to J S Nalwa, a petitioner, should be given the rank of additional director-general till disposal of the case.

A division bench comprising Justice Pranab Kumar Chattopadhyay and Justice M A Ghani passed the interim stay on the Central Administrative Tribunal order on an appeal by the West Bengal government.
The CAT order had been passed on August 19 on a prayer challenging the promotions by two IPS officers claiming that they had been superseded. The officers, whose promotions had been set aside were chief minister`s security director A K Maliwal, special commissioner (one) of Kolkata Police R K Pachnanda, special commissioner (two) of Kolkata Police Banibrata Basu and additional director general CID Raj Kanojia.

The promotions were granted on July 28, 2009. The then IG, armed police, Anil Kumar and IG planning R J S Nalwa filed the petition claiming that the promotions were effected superseding seniors, Nalwa and Kumar, and violating the guidelines framed by the central government.
The two officers filed the case before the CAT in August, 2009, claiming that though Nalwa and Kumar had been promoted to the post of IGP before the four officers, they were superseded without any valid reason. Appearing for the state, Advocate-General Balai Roy and counsel Pratik Dhar submitted before the court that Kumar has already been given promotion in March, this year.

But on a plea by Nalwa`s counsel, who is still in the rank of inspector-general of police, the bench directed that till the disposal of the case no officer junior to him can be
promoted to the rank of additional director-general of police. The court directed all the parties to submit affidavits in support of their claims and fixed the matter for further
hearing on November 27 next.


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