Will The Functional Rank of Delhi Police Become Dysfunctional?

Delhi Police has given the functional rank of ACP and Inspector to about 1600 Inspectors and Sub-Inspectors, but all these officers do not feel uncomfortable working in these posts. The reason is that these posts cannot intervene in constitutional matters. If sources are to be believed, the departmental punishment of demotion is also attached to it. Perhaps this is the reason why officers are refraining from speaking about it.

Last year between April and July months about 215 Inspectors were posted in Delhi Police as ACP and about 1381 Sub-Inspectors were posted as Inspectors. Since these many posts were not available in the police department at that time, all of them were appointed on functional rank. Although many officers are still working at their old place of duty despite being promoted on paper. But in one case, as soon as the question arose in the court, their work was banned. The reason behind this was, these officers are not authorized to work under functional rank in several sensitive matters. However, this matter is catching the attention of everyone in the department and simultaneously it is getting complicated too.

Control of higher positions

Basically, two categories of officers and employees work in Delhi Police. Officers of the first category, which include IPS and DANIPS, are recruited through UPSC and their cadre control is done by the Union Ministry of Home Affairs. The recommendation to the Central Government or the Deputy Governor is mandatory in matters related to promotions and disciplinary actions of the cadres.

System for the rank of inspector

The recruitment of police personnel deployed in the security of the public is only limited to the post of constable and sub-inspector. After this recruitment through SSC, they, later on get promoted to the rank of Inspector and ACP. Cadre control from the constable to the inspector is done by Delhi Police itself.

It is a matter of dispute

The Union Home Ministry, which promotes only officers up to the rank of IPS and DANIPS cadre in Delhi Police, usually constitutes a DPC every five years. Since the Inspectors of Delhi Police become part of the DANIPS cadre after being promoted, the Ministry of Home Affairs used to constitute a DPC every year for their promotion. But the DPC has not been formed for the last four years. Due to this discontent has started emerging among the inspectors waiting for promotion before retirement.

Functional Officer for the first time

Earlier in Delhi Police, arrangements were made according to the need, and for that, there were caretakers i.e. look after promotions were carried out. In these promotions, the Inspectors needed the permission of the Lieutenant Governor for becoming ACP (Look After). To avoid the complexity and paperwork in this process, a draft of functional rank was prepared last year and 144 inspectors and 569 sub-inspectors associated with the security system, were posted on the posts of ACP and Inspector. While 71 Inspectors and 827 Sub Inspectors of communication, steno and ministerial categories were also promoted in the look-after process.

A court case changed the entire scenario

All these officers were promoted on functional basis, but all were not given duty and facilities accordingly. Some time ago, in a case of NDPS, ACP of functional rank had filed a report. Since the leadership of the Gazetted Officer is mandatory in the matters of NDPS, questioning the eligibility of the functional rank of the ACP, the defense counsel objected to the report submitted by his signature.

The court called for an answer from the police headquarters, instead of finding a way out, the top officers sacrificed the entire functional rank. Along with this, by issuing an order on January 10, 2023 their functioning was also banned.

What is next now?

Along with this, discussions have started in the police headquarters regarding the functional rank. According to an officer of Delhi Police, the officers working on the post of ACP or Inspector from functional rank, do not come under any account constitutionally. In such a situation, his orders given on the post in matters of constitutional imperative are also not acceptable. In such a situation, either they will have to be absorbed by creating so many posts or there is no option left but to demote them back to their posts. But now this matter has become so complicated that no officer will say anything about it. Perhaps this is the reason why police spokesperson Suman Nalwa refuses to speak anything about it.