After being slapped a fine of `20,000 by the Delhi High Court for failing to pass a reasoned order on discriminatory promotion policy of medical and cadre officers, CRPF DG Kuldiep Singh has trashed the petitioner’s February 2020 plea on remedy of the differential promotion of the two cadres in wearing of badge and uniform.
The HC had not examined the merits of the petition and directed the DG in June to pass a reasoned order within 12 weeks and the contempt plea was made after the lapse of the timeframe.
“As General Duty (cadre officer) and medical cadres are different cadres, seniority of both the cadres are maintained separately keeping in view of their order of merit in respective cadre,” Singh said in his response to the petitioner Ranjeet Kumar Singh.In his communication, the DG also said,
“Further, all the cadres are having some different provisions in service matters such as qualification for recruitment, procedure of appointment, promotion, nature of work and superannuation. As Medical; Officers are being promoted under DACP (Dynamic Assured Career Progression) Scheme without linkage to vacancy (upto CMO/SG) as well as in time bound manner, whereas GD & other cadres are being promoted according to vacancy. Thus, definitely, promotion of MO cadre will be fast in comparison of other cadres.
Therefore, comparison between the two different cadres may not be logical.”Citing a Union Home Ministry order dated June 10, 2010, the DG further said wearing of badges of rank by Medical Officers may not be linked with GD cadre officers of the Forces and that Medical Officers have been allowed to wear badges of the rank on earning their promotion.
However, the command and control structure of the companies and battalions will continue to rest with the Commandant.
“Thus the claim of the petitioner on this issue has no merit….the representation dated 28/03/2020 of Shri Ranjit Kumar Singh…is hereby rejected being devoid of merit,” the DG said.Through the petition before the High Court, the petitioner had sought quashing of June 10, 2010 order and a Signal (internal CRPF communication) dated February 21, 2019 regarding the anomaly in rank and badge medical officers of the CRPF. The petitioner had also sought direction from the court to the CRPF to assign rank badges to medical officers in accordance with CRPF (Medical Officers Cadre) Rules, 1996.Without going into the merits of the case, the court had disposed off the petition vide its order dated June 9, 2021 ordering the CRPF to decide the petitioner’s representation dated March 28, 2020 to the paramilitary by passing a reasoned and speaking order within a period of 12 weeks.
The DG was slapped with the fine in response to a contempt petition moved by the petitioner after expiry of a 12 weeks period granted for passing the reasoned order by the CRPF. While disposing off the petition, the Court had also noted, “Needless to state, if the petitioners are aggrieved by any order passed by the respondent No 3 (CRPF) on the representation dated 28/03/2020, it will be open for them to take legal recourse as permissible under law.”
Combatant cadre officials said the latest order passed by the DG is prima facie discriminatory and poses a challenge to the command and control structure of the force as a Commandant of a company or battalion will be the supervisory officer of medical officers who are higher in rank.