Supreme Court rejects Centre’s plea to review order on IPS deputation in CAPF

In a setback to the Union government, the Supreme Court has dismissed a plea seeking a review of its earlier verdict that directed a reduction in the deputation of Indian Police Service (IPS) officers to the Central Armed Police Forces (CAPFs) and ordered a cadre review within six months.

A bench of Justices Surya Kant and Ujjal Bhuyan rejected the Centre’s review petition against the 23 May ruling, observing that there was “no case for review” of the judgment.

“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 in its 28 October order. The judges considered the matter in chambers and also turned down the government’s request for an open-court hearing. “The review petition is, accordingly, dismissed,” the order stated.

In its 23 May verdict, a bench of Justices Abhay S. Oka (since retired) and Ujjal Bhuyan had directed the Centre to complete a long-pending cadre review — due since 2021 — across all CAPFs, including the ITBP, BSF, CRPF, CISF and SSB, within six months.

The court had also asked the department of personnel and training to take a final decision within three months of receiving the Ministry of Home Affairs’ report on cadre restructuring and amendments to service and recruitment rules.

The judgment came on a batch of petitions seeking non-functional financial upgradation, cadre restructuring, and a reduction in IPS officers’ deputation to the CAPFs.

“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 court had said.

The top court observed that reducing IPS deputation would help ensure that CAPF officers had greater participation in the decision-making process and would address long-standing grievances over stagnation and limited promotional avenues.

It lauded the contribution of CAPFs to national security, noting that they play a vital role in guarding India’s borders and maintaining internal order.

While acknowledging that the government considers the presence of IPS officers necessary to preserve the “unique character” of each force, the bench underlined that such deputations were ultimately a matter of policy.

“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,” the judgment said.

At the same time, the court cautioned that the grievances of CAPF cadre officers could not be disregarded.

“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 noted.

The bench also flagged concerns about stagnation among CAPF personnel, who often work in demanding conditions but face delayed promotions due to lateral entry of IPS officers at higher ranks.

“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,” the court had observed.

With the review petition now dismissed, the Centre will be required to comply with the May directive to complete the cadre review within the specified time frame.

With PTI inputs