The Railway Ministry and the RPF Officers’ Association (RPFOA) are at loggerheads over the appointment of senior IPS officer SK Bhagat as the new Director General (DG) of the Railway Protection Force (RPF). The RPFOA has not only dragged the Ministry to court opposing an “outsider” as the new DG but also obtained a stay on his appointment. The RPFOA has demanded that the head of its force should be from within its own ranks.
The Delhi court has issued a stay on the decision of the Appointments Committee of Cabinet (ACC), which had on April 27 stamped its approval to Bhagat’s name. The court issued notices to the Railway Ministry and the Railway Board directing them to reply by May 19.
“Since Bhagat has already joined and stay order came late, he would continue as DG. We would respond to the judiciary,” a Ministry official contended.
The RPFOA has sought the court to quash the appointment which, it maintained, was in violation of RPF Rules, and appoint a DG through promotion from within the force. The writ petition has said that “outsiders” cannot be appointed to the RPF, following an amendment in the RPF Act and Rules made in 1987.
The Railway Board, however, told the court that the Act and the rules do not prohibit an IPS officer from being made the RPF DG. It said the Rules provided that an officer (read IPS) from outside the paramilitary force could be appointed as the DG of the RPF, if a competent officer was not available in the RPF.
Interestingly, the RPF DG has always been an IPS officer. Ministry officials said a dilution of the Rules could well set a “wrong precedent” for other paramilitary forces too.
The direct attack on Bhagat’s appointment has evoked strong reactions from his IPS fraternity. IPS officers are now pointing out that RPF despite being a security force continues to be outside the ambit of the Union Home Ministry. “This is the biggest anomaly. All other paramilitary forces like CRPF, CISF, ITBP come under the MHA,” they said, adding even the Cabinet Secretary had in 2013 issued directions to continue with the provisions of appointing IPS officers to the top posts in the RPF.
“Since IPS is an All India Service, its officers have work both at the Centre and the State. They are simultaneously deputed to paramilitary forces including RPF. They work as a bridge between the Centre and State,” said a senior DoPT official.
The RPF Association has been raising the issue of “outside” appointments for several years now as, according to them, the 1987 amendment of section 19 prohibits RPF personnel from going on deputation anywhere and simultaneously, prohibits deputation within the department. They have argued that appointment of IPS or any other service to the RPF affects the career progression of their own personnel.
“Most importantly, the law & order is State subject. Since IPS is an All India Service who can work both in State and Centre can handle law & order and policing while being paramilitary too. How can RPF or any paramilitary wing handle the law & order or policing on their own without IPS officers as they will be representing Centre only. This is against Constitution and against federalism and violates basic structure of Constitution,” added DoPT official.