J K Khanna an Indian Police Service (IPS) 1974 batch, Bihar Cadre officer has been awarded Indian Police Medal for Meritorious Service and retired as Director General of Police (DGP). Prior to joining IPS in 1974, he was with the Indian Forest Service (IFS). An M.Sc. Physics from IIT, Delhi and LL.B., he was awarded Gold Medal for topping Punjab University in B.Sc. in 1971, smashing all previous records of the University in all the 3 years of B.Sc. [Punjab University then comprised of Punjab, Haryana, HP & Chandigarh].
In spite of his outstanding credentials, Khanna is not happy with the manner in which the pensioners particularly the retired IPS officers are being treated in India. He shared some of the pain points in an exclusive interview with Taazakhabar News. Excerpts from the interview:
You keep challenging the government on service matters. This is why some people call you a champion of police rights, while others call you a troublemaker. How do you respond to this perception?
It is wrong to call me a troublemaker. I am a trouble-shooter in the sense I, with the support of Forum of Retired IPS Officers (FORIPSO) am trying to rectify the discriminations in the pension rules against the pensioners, more specifically the retired IPS officers.
You have been involved in many legal battles against the government. Has it helped or harmed your cause?
It is not correct to call it a battle against the Government. It is a struggle against the discriminatory system. We have nothing personal against any Government official whose name figures as respondent in our court cases. Moreover, I am not a lone wolf, it is FORIPSO’s collective battle. My name may be more visible because as Secretary, I represent FORIPSO as a petitioner in the cases filed in the courts. We have won quite a few cases in the past and got justice for our members. At administrative level also, we have achieved success in several issues resulting in several favourable orders for the CGHS beneficiaries.
Sir what is this Forum of Retired IPS Officers (FORIPSO) all about?
As you might know I am a retired IPS officer of Bihar Cadre, 1974 batch. I retired in 2011 as DG. After retirement, I noticed that some of the pension rules were highly discriminatory towards the old pensioners. This triggered me to float a forum to fight against injustice. FORIPSO was founded in Delhi on July 30, 2012 by 8 retired DGPs. I am the founder Secretary. Most of the FORIPSO members are retired IPS officers but we also have some serving officers in our midst from 26 States/ Cadres. Our oldest member was P.A.Rosha of 1948 batch, Haryana Cadre. He died a year ago. Currently our oldest surviving member is over 95 years old Julio Ribeiro who is 1953 batch, Maharashtra Cadre officer. He also served as the Indian Ambassador in Romania. We also have two ex-Governors — P.S. Rama Mohan Rao, 1956 Batch-AP Cadre (ex-Governor, Tamil Nadu) and Mr. O.P. Sharma, 1962 Batch-UP Cadre (ex-Governor, Nagaland).
L to R: J.K.Khanna (1974-BH), S.S.Darbari (1967-Raj), S.M.Cairae (1967-Jh), A.K.Puri (1967-HP), B.P.Rao (1974-A&M), Anup Parashar (1974-Manipur/Tripura), S.Ramakrishnan (1967-AGMUT), B.S.Sial (1971-Karnataka).
Have you faced any personal or professional retaliation due to your activism? If yes, how have you dealt with it?
No, never. I’m not an activist. Had I been so branded, I would not have been appointed by the Government on several post-retirement jobs of responsibility which I held till I reached the age of 73 years.
You have strongly opposed the New Pension Scheme (NPS) for police personnel. Why do you think police officers should be kept under the Old Pension Scheme (OPS)?
This statement is completely wrong. We never took any stand on the NPS or OPS. This issue never figured in FORIPSO.
Several retired police officers face financial insecurity due to delayed pensions and lack of post-retirement benefits. What reforms are needed to ensure their financial stability?
I don’t think we face any financial insecurity due to delayed pension. As per RBI Master Circular dated April 03, 2023, pension paying banks are required to “compensate the pensioner for delay in crediting pension/ arrears at a fixed interest rate of 8% p.a. for the delay after the due date of payment. The compensation shall be credited to the pensioner’s account automatically without any claim from the pensioner on the same day when the bank affords credit for revised pension/ pension arrears, in respect of all delayed pension payments made since October 1, 2008.”
As regards to reforms, the Government should take cognizance and rectify the discriminatory clauses in the pension rules which are the root cause of plethora of court cases going on in the Courts. The government is the biggest litigant in the courts as per statistics. The tendency of the officials is to drag on the cases indefinitely to wear out the petitioners. Our first case filed in CAT in 2012 dragged on for 12 years before we finally won in 2024. Even after a year of the order, we are still waiting for its implementation. During this period, 52 of our members have left for their heavenly abode, waiting for justice. There should be a limit on the number of adjournments and appeals. Apart from draining the pensioners lengthy litigating that drag along for years also means heavy legal costs for the Government which can be done away with by sitting across the table and discussing the issues with the victims. Disputes can more easily be decided out of court by arbitration/ mediation.
Should CAPF officers be allowed to lead the organisations they have served for 25-30 years?
No comments. We have not taken any stand on this issue within our Forum.
Also Read: ‘Recruitment rules are such that no cadre officer can rise beyond the ADG level’ – Sanjeev Sood
Despite several Supreme Court directives like e.g., Prakash Singh case, police reforms remain largely on paper. Why do you think governments resist these reforms?
The practice of appointing a junior as DGP (Head of Police Force, i.e. HOPF in short) in States is widely prevalent. He is chosen by the Chief Ministers not on consideration of relative merits inter-se, but on considerations of relative comfort and ability to manage the environment and interpersonal relations. Comfort of the CM with him is an outweighing consideration. If a junior is chosen as DGP (HOPF) on administrative grounds, the seniors cannot be deemed to be unfit or unsuitable to hold the post. It cannot be construed as rejection of other DGs on grounds of competence and ability which had already been gone into when they were promoted to the rank of DG. Therefore, they cannot be denied the status and pay of their junior, the HOPF.
A new concept of “Officiating DGP (HOPF)” has evolved to bypass the Supreme Court Judgement in Prakash Singh & Ors Vs UOI & Ors dated September 22, 2006. This was a landmark judgement on police reforms in India. The Supreme Court issued a set of directives to the Central and State governments on police accountability, operational autonomy and professional conduct. The purpose was to depoliticize the police force and make it more accountable to the rule of law. It sought to provide the police with greater functional autonomy, enabling them to carry out their duties without any political interference.
The Supreme Court directed the government to set up State Security Commissions, Police Establishment Boards to handle transfers, postings, and promotions of police officers, Police Complaints Authorities, Separate Investigation & Law and Order functions, fix minimum 2 years tenure for the DGP and prescribed minimum tenures for other operational police officers such as IGs, DIGs and SPs to provide stability and prevent arbitrary transfers.
Unfortunately, the SC verdict was not taken in the right spirit by the powers that be. It fettered the freedom of a Chief Minister in several aspects. It not only curtailed his power to transfer and promote police officers at will but also limited his power to choose the DGP (HoPF) of his liking. He was confined to choosing the DGP (HoPF) from a panel of 3 names selected by the UPSC from among the eligible DGs. Police being a State subject, to assert their executive authority, many States have found a way out which not only circumvents the Prakash Singh Judgement but also denies the Apex Scale altogether to every IPS officer in the DGP rank. Instead of choosing the DGP (HOPF) from the UPSC List, the CM chooses a DG with whom he is comfortable and appoints him as officiating DGP (HoPF) in addition to his substantive charge. This practice results in a double whammy for the concerned DGP who continues to draw pay in the lower HAG+ scale despite being entitled to the Apex Pay for discharging the duties of DGP (HoPF). This has been happening in many States. It makes a mockery of the Apex Scale created solely for the post of DGP (HOPF).
The solution to do away with the concept of officiating DGP (HOPF) lies in allowing apex scale to all the DGs to restore uniformity in the rank which prevailed prior to September 27, 2008 when the apex scale post of DGP (HoPF) was created. Equalisation of apex pay of all DGs will also save the government from heavy legal expenditure being incurred on fighting numerous court cases filed by the affected DGs. Apart from eliminating the plethora of litigation due to the current discrimination, equalisation of pay of all the DGs will hardly cast any financial burden on the exchequer as the pay difference is nominal and their number is only a few hundred in the entire country. The legal expenditure saved by the Govt on contesting the cases can itself meet the financial implications of allowing Apex Pay to all the DGs.
The issue of implementation of the Prakash Singh judgement is sub-judice hence I have no further comments to make on this issue.
Should the Indian Police Act of 1861 be scrapped entirely? If yes, what should replace it?
Certainly. It is out of tune with the times and is fit to be revised/ updated like other laws. An expert committee can be formed to offer suggestions.
What are your expectations from the 8th Pay Commission? What kind of benefits do you wish to seek?
We have prepared a Memorandum for the 8th CPC. Some of the issues we are going to present before the Commission are pension disparities – in quite a few cases senior officers are drawing less salary, pension and other benefits than juniors. In addition to this, there are anomalies in the DG’s Pay Scale, liberalisation of enhanced pension for senior pensioners and 7th CPC recommendation on increments which was accepted but distorted during implementation.
Well done Khanna. You are doing excellent job post retirement.
Excellent interview. All questions handled intelligently. Keep it up,Khanna