The Telangana High Court has stepped into a significant administrative dispute, seeking clarifications from the state government on the controversial posting of Indian Police Service (IPS) officers to senior positions traditionally reserved for the Indian Administrative Service (IAS) cadre. Justice Surepally Nanda issued formal notices to the state government on Monday, demanding an explanation for the appointments made through a recent government order.
The Petition and the Government Order Under Scrutiny
The court's intervention came in response to a public interest litigation (PIL) filed by advocate Vadla Srikanth. The petition challenges Government Order (GO) No. 1342, issued by the General Administration Department (GAD) on September 26. This order appointed three senior IPS officers to high-ranking posts:
- CV Anand as Special Chief Secretary to the Government, Home Department.
- Stephen Ravindra as Commissioner of Civil Supplies and Ex-Officio Principal Secretary.
- Shikha Goel as Director General, Vigilance and Enforcement, and Ex-Officio Principal Secretary, GAD.
The court has scheduled the next hearing in this matter for December 10.
Legal Arguments Against the Appointments
Arguing for the petitioner, counsel Vijay Gopal presented a multi-pronged legal challenge against the GO. He contended that placing IPS officers in posts earmarked for the IAS cadre fundamentally dilutes the legal sanctity of those positions. According to his submission, this move violates central laws that specifically regulate the roles and postings of IAS and IPS officers within the state administration.
Gopal emphasized the distinct constitutional and functional roles of the two premier services. He pointed out that IAS and IPS officers undergo vastly different training regimens—one focused on policy formulation, administration, and development, and the other centered on law enforcement, investigation, and maintaining public order. Mixing these roles, he argued, goes against the spirit of the cadre system.
Terming the GO as "bad in law", the counsel asserted that an administrative order cannot override the statutory rules, specifically the Indian Administrative Service (Cadre) Rules, which govern cadre postings. He also cited that the appointments were contrary to established Supreme Court rulings on the matter.
Government Seeks Time, Court Adjourns Hearing
Representing the state's General Administration Department, Government Pleader S Rahul Reddy requested additional time to prepare and file a detailed counter-affidavit in response to the allegations raised in the petition. Accepting the request, Justice Nanda granted the government time and adjourned the proceedings. The state's response, expected to justify its decision, will be crucial in the next hearing.
This case highlights an ongoing tension in bureaucratic appointments and raises important questions about the separation of roles and adherence to cadre rules in state governance. The High Court's final ruling could set a significant precedent for administrative postings in Telangana and potentially other states.
