SC dismisses Centre's plea for review of verdict directing reduction of IPS officers in CAPF

New Delhi, Oct 31 (PTI) In a setback to the Centre, the Supreme Court has dismissed a plea seeking a review of the verdict, which directed that IPS officers' deputation in the Central Armed Police Forces (CAPFs) be reduced and asked for cadre review to be carried out in six months.

A bench of Justices Surya Kant and Ujjal Bhuyan was hearing a plea by the Centre seeking a review of the May 23 verdict of the apex court.

“We have carefully gone through the contents of the review petition and the papers appended therewith and are satisfied that no case for review of the judgment dated May 23, 2025 is made out," the bench said.

The bench, which considered the review petition in the chambers, also rejected the prayer for oral hearing in open court.

"The review petition is, accordingly, dismissed," the bench said in its October 28 order.

On May 23, the top court directed the Centre to conduct a cadre review, which was due in 2021, in all the Central Armed Police Forces (CAPFs), including the ITBP, BSF, CRPF, CISF and SSB, to be carried out within six months.

A bench of justices Abhay S Oka (since retired) and Ujjal Bhuyan has directed the Department of Personnel and Training to take appropriate decision within three months of receiving the action taken report from the Ministry of Home Affairs regarding cadre review and review of existing service rules/recruitment rules.

The court's direction came on a batch of pleas seeking non-functional financial upgradation, cadre review and restructuring and amendment of recruitment rules to eliminate Indian Police Service (IPS) officers' deputation.

"Keeping in mind the twin objectives of service mobility of the cadre officers of CAPF, ...removing stagnation on the one hand and the operational/functional requirement of the forces on the other hand, we are of the view that the number of posts earmarked for deputation in the cadres of the CAPFs up to the level of senior administrative grade (SAG) should be progressively reduced over a period of time, say within an outer limit of two years,” the top court had said.

It said this step will bring in a sense of participation of the cadre officers belonging to the CAPFs in the decision-making process within the administrative framework of the CAPFs, thereby removing the long-standing grievances of the cadre officers.

The apex court lauded the role of CAPFs and said it is crucial for maintaining security at the borders of the country as well as for discharging internal security duties.

The court highlighted that the Centre has taken the view that presence of IPS officers in each of the CAPFs is vital to maintain the character of each of them as a unique central armed force.

"This is a policy decision. Of course, individual officers belonging to the IPS or the association of IPS officers cannot have a say as to how much the deputation quota should be and how long the deputation should continue. They are there on deputation by virtue of the policy decision of the central government manifested through the service rules/recruitment rules of the CAPFs.

"Having said that, we cannot also be oblivious of the grievance expressed by officers of the CAPFs as highlighted supra. Their dedicated service upholding the security integrity and sovereignty of the nation while safeguarding our borders and maintaining internal security within the country cannot be ignored or overlooked," it had said.

Noting that CAPFs discharge their duties under very demanding conditions, the court said they have a grievance that because of lateral entry into the higher grades of the respective CAPFs, they are unable to get timely promotion.

"Consequently, there is a great deal of stagnation. Such stagnation can adversely impact the morale of the forces. This also needs to be factored in while considering review of such policy decisions," it said. PTI MNL MNL SKY SKY