Rajasthan High Court Refuses To Interfere In 'Administrative Issue' Of Posting IPS Officer As Police Superintendent

  • Rajasthan High Court Refuses To Interfere In Administrative Issue Of Posting IPS Officer As Police Superintendent

    The Rajasthan High Court has refused to interfere with the administrative issue concerning the appointment of a Superintendent of Police (SP), Nagaur, from the Rajasthan Police Service (RPS) cadre instead of the Indian Police Service (IPS) cadre.A division bench comprising Dr. Justice Pushpendra Singh Bhati and Justice Bipin Gupta was hearing a Public Interest Litigation (PIL) filed by...

    The Rajasthan High Court has refused to interfere with the administrative issue concerning the appointment of a Superintendent of Police (SP), Nagaur, from the Rajasthan Police Service (RPS) cadre instead of the Indian Police Service (IPS) cadre.

    A division bench comprising Dr. Justice Pushpendra Singh Bhati and Justice Bipin Gupta was hearing a Public Interest Litigation (PIL) filed by the Rashtriya Loktantrik Party, challenging the appointment of an RPS officer as SP, Nagaur, instead of an officer from the IPS cadre. The petition sought directions to the State Election Commission, Rajasthan, to consider and decide a fresh representation made by the party regarding the issue.

    The petitioner's case was that in view of the upcoming municipal and panchayat elections, appointment of a regular SP was required, as assigning the charge to an Additional SP belonging to the State cadre could potentially affect the integrity of the electoral process.

    The issue arose after the transfer of the existing SP, following which the Department of Personnel appointed an Additional SP to oversee Nagaur. The petitioner contended that such an arrangement was made without the approval of the State Election Commission and submitted that, given the possibility of political influence during the elections, the district SP should be from the IPS cadre.

    During the hearing, the representative of the petitioner-party made a limited prayer seeking a direction to the State Election Commission to consider and decide a fresh representation proposed to be filed in relation to the grievance.

    The Court, however, observed that it was "not inclined to interfere in administrative issues" raised in the petition.

    At the same time, in the interest of justice, the bench granted liberty to the petitioner to file a fresh representation before the State Election Commission raising its grievance regarding the appointment of the SP, Nagaur, from the IPS cadre.

    The Court directed the State Election Commission to consider and decide such representation strictly in accordance with law.

    Title: Rashtriya Loktanrik Party v State Election Commission, Rajasthan, and Ors. Citation: 2026 LiveLaw (Raj) 367

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