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Double promotion for IPS officer after 14-year legal battle

The state government has bestowed double promotion on 2002-batch IPS officer Satish Kumar Gajbhiye, currently serving as principal of the Traffic Training Institute in Superintendent of Police rank, following a decade-and-a-half-long legal battle. After the corruption charges leveled against Gajbhiye were unable to be legally substantiated, he was promoted from the current Superintendent of Police rank to the rank of deputy inspector general of police (DIG) with effect from 23 February 2016. He was promoted to the rank of inspector general of police (IG) with retroactive effect from 1 January 2020.

The Orissa High Court had earlier ordered the government to retrospectively process all promotions and benefits and to drop all disciplinary proceedings against the officer. Gajbhiye became a Deputy Inspector General after being granted a reprieve by the High Court. After the Home Department initiated disciplinary proceedings against him, his promotion opportunities were stalled.

‘A proceeding which is not initiated in a lawful manner sans the avowed principles of natural justice cannot be a just proceeding and is void. This Writ Petition is allowed accordingly. Consequently, the Opposite Parties are directed to confer all the promotions and benefits appurtenant thereto retrospectively on the petitioner vis-a-vis his batch mates’ the HC acting on Gajbhiye’s petition had earlier ordered.

In 2008, when he served as the SP of Malkangiri district, disciplinary proceedings against Gajbhiye were initiated. Previously, he had been accused of misusing grants for the arrest and surrender of left-wing extremists. IPS officer filed a complaint with the Central Administrative Tribunal (CAT), claiming that he had been unfairly treated. The CAT declined to intervene. In response, the officer sought the intervention of the Orissa High Court, requesting the quashing of disciplinary proceedings and a promotion avenue.

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