MHA Deputes IPS Officers in CAPFs, Moves SC Against Progressive Reduction Ruling

The Apex court's ruling had come in May, but since then, the MHA has posted nearly a dozen IPS officers in the ranks of Commandant to Inspector General in the CAPFs.

The SC had also ruled that the government should recognise Group A officers of CAPFs as part of “organised services”, and instructed that their career progression be ensured on a par with others in the same grade. 

In the case Sanjay Prakash & Others versus Union of India, the court ruled that the deputation posts of IPS officers in the Senior Administrative Grade (SAG), or up to the rank of Inspector General in the CAPFs, should be “progressively reduced over a period of time, say within an outer limit of two years”, benefiting 13,000 officers of the paramilitary cadres. 

The most notable among the appointments via deputation in the CAPFs is of Shashvat Kumar — a 2016-batch IPS officer of the Tripura cadre — as Commandant (SP-level) in the Sashastra Seema Bal (SSB), whose order was issued on June 25.

In the meantime, the MHA has again moved the SC with a review petition against the May judgment directing a ‘progressive reduction’ in the deputation of IPS officers to the CAPFs. 

MHA Ignoring SC Ruling

The case originally dates back to 2015, when Group A CAPF officers approached the court seeking Non-Functional Financial Upgradation (NFFU), cadre review, restructuring, and changes to recruitment rules to eliminate IPS deputation and enable internal promotions. 

At present, 20 per cent of Deputy Inspector General (DIG) posts and 50 per cent of Inspector General (IG) posts in CAPFs are reserved for IPS officers. If implemented, the May 23 judgment would significantly curtail IPS dominance in the CAPFs, which include the BSF, CISF, CRPF, SSB, and the ITBP. All these CAPFs function under the administrative control of the MHA. 

Retired IAS officer of the 1977 batch, O P Rawat, says, “There is an issue of career progression for officers belonging to the CAPF cadres. At the same time, since the forces are involved in internal security matters, they need to have experience in handling situations on the ground. Exposure to commanding forces on the ground is a must for effective leadership, which is why IPS officers should be placed in the CAPFs. There is a need to balance the two.”   

On the idea of creating a new IPS cadre for CAPFs, he said, “The move will not serve the purpose.” 

It is also learnt that the counsel for the petitioners in the case has now written to the MHA, the Department of Personnel and Training (DoPT), and the Directors General of all CAPFs, that the ongoing appointments are in contempt of the court judgment.

The CAPF Grouse 

Due to numerous posts being reserved for IPS officers, CAPF officers suffer stagnation in their service. On average, an officer who joins as an Assistant Commandant (AC) takes 25 years to be promoted as Commandant, whereas he/she should attain the seniority within 13 years.

A CAPF official said that although senior IPS officers were being appointed as DIGs or IGPs, the June 25 order that appointed a 2016-batch IPS officer on deputation in the SSB was very rare — despite the provision in the SSB Act to depute IPS officers as Commandants — as it put an SP-rank IPS officer as Commandant, he said.

As of July 1, there were 69 sanctioned posts for IPS at the rank of IGP in the BSF, CRPF, CISF, SSB, and ITBP, out of which 56 were occupied, including 24 vacancies out of 117 DIG posts for IPS officers.