GUWAHATI, Dec 24 - A Public Interest Litigation (PIL) has been filed with the Gauhati High Court claiming that two IPS officers of the rank of Deputy Inspector General of Police (DIG) are using the insignia (three stars) of DIG in their uniform in violation of Schedule 17 of the Indian Police Service (Uniform) Rules, 1954.
The PIL has also challenged the legality and validity of promotions of the three Indian Police Service (IPS) officers to the post of DIG. The three police officials include DIG (CWR) Diganta Borah, DIG (Northern Range) Lachit Baruah and DIG (CID) Rounak Ali Hazarika.
The petitioner, Pradip Kalita in his petition claimed that the IPS officers in question have been appointed as in-charge DIG for an indefinite period as a permanent measure without fulfilling the eligibility criteria and in complete violation of Section 8(2) of the Assam Police Act, 2007 and Rule 3 (1) � of the Indian Police Service (Pay) Rules, 2007 and other provisions of law.
The PIL, quoting law books, stated that Section 13 of the Assam Police Act provides that only a senior officer is entitled to perform the duties of a subordinate officer in case of exigencies.
�As per provisions of Fundamental Rules 49, a junior officer can be given the charge of a higher post for a maximum period of 39 days. As per 2007 Rules, at least 14 years of service is required for an IPS officer to become a DIG but in the instant case two of the IPS officers have been allowed to hold the charge of DIG despite them not adhering to the rule,� the PIL contended.
The Court in response to the PIL has issued notice to the Union of India, which was represented by Assistant Solicitor General of India SC Keyal. It also issued notice to the State government and the Director General of Police.