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Extension to DGP, Mumbai police chief quashed

Special Correspondent

MUMBAI: The Bombay High Court on Friday quashed the three-month extension granted to Mumbai Police Commissioner D.N. Jadhav and Maharashtra Director-General of Police P.S. Pasricha.

Dr. Pasricha, a 1970 batch IPS officer, and Mr. Jadhav from the 1973 batch were due to retire on November 30, 2007. After extension, their tenure was to expire on February 29, 2008.

However, the court has stayed the order for three weeks, allowing time for appeal and for the State to find new incumbents, according to Y.P. Singh, counsel for the petitioners.

Chief Justice Swatanter Kher and Justice J.P. Devadhar said the Centre’s November 30, 2007 orders granting these senior officers extension, was not “reasoned, rational and are also not in the larger public interest.” The government’s action suffered from arbitrariness. Its orders did not satisfy the basic ingredients of the relevant provisions and instructions issued by the government itself for grant of extension to members of the all-India service.

No case of larger public interest in preference to service interest was made out.

Its order came in response to a public interest litigation petition filed by R.R. Tripathi and Gaurang Dinesh Damani on December 3, 2007. They said Dr. Pasricha was granted an extension because he was handling the tercentenary celebrations of the consecration of Guru Granth Sahib. He was president of a national committee chaired by the Union Home Minister for the commemoration of the tercentenary of Guru ta-Gaddi.

Mr Jadhav’s extension was proposed because he was Commissioner for only nine months. The petitioners said these two officers were not full-time members of any official committee which had to be wound up in a short time. Nor were they more competent than the other officers. Moreover, an inquiry was set up against Dr. Pasricha.

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