The State government filed an affidavit in the Bombay High Court on Tuesday in response to a PIL challenging the second extension of three months given to State Director General of Police (DGP) D.D. Padsalgikar.
A Division Bench of Chief Justices Naresh Patil and N.M. Jamdar was hearing a public interest litigation (PIL) filed by advocate R.R. Tripathi calling for the extension to be quashed.
The PIL says the extension is illegal as Mr. Padsalgikar was working as a full-time member in the budget committee in violation of the All India Service (Death cum Retirement Benefits) Rules 1958, which states that extensions cannot be given to members of a committee.
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Mr. Padsalgikar was due to retire on August 31, 2018 and the State government proposed to extend his term by two years from July 1, 2018 to June 30, 2020.
The government through a letter dated November 11, 2018 conveyed the Cabinet appointments committee’s approval to extend Mr. Padsalgikar’s term by three months to December 1, 2018 and an overall period of six months. On November 30, he received another extension for three months.
In the affidavit, the State government said, “A letter was issued on July 28, 2018 stating that Mr. Padsalgikar had been selected and appointed as DGP of Maharashtra on June 30, 2018 without consulting the Union Public Service Commission. Apart from Mr. Padsalgikar, there is no other serving officer in the 1982, 1983 and 1984 batches in the police service in the State.”
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The affidavit said that the appointment was made under provisions of the State Police Act, as he was the senior-most officer with an outstanding service record.
It said the State government had also moved a proposal to extend his tenure by two years, but the Centre approved his extension only for three months.