India | Updated Feb 07, 2009 at 05:06pm IST

HC rules Maharashtra DGP appointment invalid

Mumbai: The Bombay High Court on Thursday deemed Maharashtra DGP A N Roy's February 2008 appointment as invalid. Maharashtra government has been ordered by the Bombay High Court to appoint a new DGP within four weeks, setting aside AN Roy's appointment of February 2008 terming it as 'arbitrary'.

Confidential government documents exclusively in possession of CNN-IBN reveal just how arbitrary the decision was.

In Feb 2008, SS Virk (1970 IPS Batch), JD Virkar(1972 IPS Batch) and S Chakraborty (1972 IPS Batch) were the three most senior IPS officers in the state, with AN Roy (1972 IPS Batch) coming after them. But ultimately Roy pipped all of them to the post as Virkar voluntarily withdrew his candidature, Chakraborty went to court on losing out and VIrk was sidelined.

After a meritorious 23 year deputation in Punjab Padma Shri awardee for combating terrorism in Punjab Virk was repatriated to Maharashtra in April 2007.

Five months later, flouting all norms Punjab police arrests Virk from Delhi without even an arrest warrant on the behest of Punjab government. The warrant was was later termed as 'biased' and 'malafide' by Punjab and Haryana High Court .

In October 2007, the then Maharashtra state home minister R R Patil in a confidential letter exclusively in possession of CNN-IBN wrote to the Union Home Minister expressing shock at the ill-treatment meted out to Virk.

And not just this, Maharashtra government sent another confidential letter to the Union Home Ministry in December 2007 stating Virk has joined duty in the state and is on compulsory wait as no DG (Director General) post is vacant.

However, in February 25 2008, just four days before selection of the new DGP, Maharashtra government shockingly accepted an illegal deemed suspension order from Punjab government, based on Virk's arrest, which was already termed illegal by Punjab High Court.And what folowed was: "The Maharashtra government which supported Virk all along suddenly did a U-turn and conveniently used the illegal Punjab government order as a tool to sideline Virk, the senior most IPS officer, possibly to pave way for Roy's appointment," said SS Virk's Lawyer Sandeep Marne.

"The Maharashtra government which supported Virk all along suddenly did a U-turn and conveniently used the illegal Punjab government order as a tool to sideline Virk, the senior most IPS officer, possibly to pave way for Roy's appointment," said SS Virk's Lawyer Sandeep Marne.

The High Court judgment has slammed state politicians, but experts say both the politicians and IPS officers should share the blame.

The politicians should draw a line and even the IPS officers, that thus far and no further. This is a lesson for everybody," said former DGP of Maharashtra, Arvind Inamdar.

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