The Karnataka High Court on Wednesday set aside the State government’s order to reconstitute the Police Establishment Board (PEB) excluding B.E. Umapathy, one of the senior-most Director-Generals of Police in the State.
Justice S. Abdul Nazeer passed the order while allowing a petition filed by Mr. Umapathy.
The court pointed out that the Karnataka Police (Amendment) Act, 2012, made it mandatory for the government to include “three senior most police officers not below the rank of Additional Director-General of Police working within the police department as members of the PEB”. By virtue of him being the third senior most police officer in the State, Mr. Umapathy would have to be a member of the PEB, the court held.
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However, Mr. Justice Nazeer kept the operation of the order in abeyance for 10 days as Additional Advocate General Sajan Poovayya made a plea to enable the government to exercise its right to appeal against the verdict before a Division Bench.
The PEB is the highest body vested with the authority on posting, transfer and promotion of police officials. The government, while reconstituting the PEB on February 13, 2013, excluded Mr. Umapathy after it received complaints that he allegedly misrepresented his position by claiming himself as “DGP, Karnataka Police Establishment Board” though his official designation was DGP (Research and Restructuring), Dharwad.
However, Mr. Umapathy contended that he should be a member of the PEB by virtue of his seniority as per the Act. He also alleged that he was excluded from the PEB after he challenged before the Central Administrative Tribunal the selection and appointment of Lalrokhuma Pachau as the head of State police force.
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