Friday, March 4, 2011
IPS officer Pandey knocks HC doors for justice
Posted on
Friday, March 04, 2011
Indian Police Service (IPS) officer of the 1986 batch, Sanjay Pandey has moved the Bombay High Court seeking its intervention in delivering speedy justice denied to him by the state government.
Pandey, who has been kept on compulsory waiting (no posting) since June 18, 2007, without promotions, salary and benefits he is legally entitled to as a civil servant had knocked on the door of the Central Administrative Tribunal's Mumbai bench, but the state government is allegedly applying delay tactics.
Pandey had filed a petition in CAT on March 25, last, against the state government denying him promotion, salary and refusing to reinstate him with a posting.
Pandey has been the Deputy Commissioner of Police (Zone VIII), DCP (Economic Offences Wing) and DCP (Narcotics) in Mumbai commissionerate between 1992 and 1999. Later he was deputed to the Centre as Assistant Inspector General of Police in the Special Protection Group, where he was assigned the task of providing security to
Prime Ministers and former prime ministers of the country. He was also Joint Commissioner of Food and Drugs Administration (Vigilance). Pandey in his petition to the HC, has put up a plea asking for an appropriate writ or order directing CAT to either dispose off or determine the petitioner's Original Application (OA) filed before CAT, since there is an unreasonable delay on the part of CAT. Apparently, CAT has yet to either dispose off or determine on the OA, which had been listed for final hearing on September 12, last but did not figure on the board under the caption of final hearing since August 8, last. Hence Pandey aggrieved by the delay in disposing off his OA by the CAT bench, moved HC petitioning it to issue clear cut directives to CAT to either dispose or decide on the OA. " The only issue before CAT's Mumbai bench is over the issue of non- compliance of the order of the Delhi bench of CAT passed on March 1 2005, which had directed the state government to re- instate Pandey in service with effect from April 12, 2004 with all consequential benefits and to comply by the directives within two months.
However, even after five years have elapsed there is no move on part of the state government to comply with the order in totality. He has been denied his fundamental right to life and livelihood as he is not only denied a posting and promotion which is long over due to him as per the constitution, but also denied salary and other monetary benefits he is entitled to as a civil service officer.
There is neither a criminal case or charges of corruption against him," claimed advocate Clifford Martis who is representing him in CAT and HC. In a letter to Chief Minister Prithviraj Chavan which Pandey personally submitted to Chavan, on February 22, listing out his grievances about the injustice meted out to him by the state government, Pandey has highlighted the fact that he has been humiliated with juniors superseding him while his fate continues to be undecided by the government.
Pandey has underlined in the letter that with no salary or monetary sustenance from the government despite him being upright, honest and having an excellent track record, his status is worse than officers facing serious criminal charges in the state who are enjoying compensatory benefits in terms of sustenance allowance, government-owned accommodation, support staff among other official benefits. However, till date Chavan has still to take up his case with the Home Minister R R Patil.
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