CJI sets up special bench after CAPF officers’ plea was struck off cause list despite judicial order
The Supreme Court on Tuesday sought an explanation from its Registry after a contempt petition on implementing its May 2025 judgment regarding cadre management in the Central Armed Police Forces (CAPFs) was removed from the day’s cause list despite a prior judicial direction to hear it at 2 p.m. the same day. The Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar ordered that the case, with connected matters, be relisted at 2 p.m. on September 30. Later in the day, Chief Justice of India Surya Kant constituted a special bench, to be presided over by Justice Manoj Mishra along with Justice Bhuyan, to hear the matter.
How the case was delisted
On September 22, the court had been unable to take up the matter due to paucity of time. It specifically ordered a re-listing at 2 p.m. on September 29 and permitted respondents to file corrected affidavits in the interim. The court recorded that the matter had been assigned Item No. 32 for September 29, but was subsequently informed that it had been struck off the cause list.
“Since it is a judicial order to get the case listed today at 02:00 PM, we direct listing of this case, along with the other connected matters, again tomorrow, i.e. on 30.09.2026, at 02:00 PM, with a note by the Registry, as to why the matter was struck off from the cause list despite there being a judicial order,” the court said in its order.
The direction requires the Registry to place on record a note explaining the circumstances that led to the deletion, even as the matter returns for hearing on Wednesday afternoon before the newly constituted bench.
The issue before the court
The proceedings arise from the Supreme Court’s judgment of May 23, 2025, in which a Bench of Justice A.S. Oka (since retired) and Justice Ujjal Bhuyan held that Group A officers of the CAPFs are “Organised Services” for “all purposes,” and directed that deputation of Indian Police Service (IPS) officers to senior posts in the CAPFs be “progressively reduced over a period of time, say within an outer limit of two years.” The court also called for a time-bound review of cadre and service rules within six months.
An Organised Group A Service (OGAS) is a structured, cadre-based Group A civil service with a defined hierarchy, promotion pathways and cadre control, distinct from isolated or general civil posts. As part of ongoing compliance proceedings, the court had sought an explanation from Union Home Secretary Govind Mohan; he filed a detailed affidavit on September 23 outlining the government’s position. The court was informed that since May 2025, 46 IPS officers have been brought on deputation to the CAPFs up to the Senior Administrative Grade (SAG) level.
Contempt petition and earlier observations
The present contempt petition has been filed by retired CAPF officers, who allege that the directions in the 2025 judgment have not been implemented in their entirety. During an earlier hearing on September 2, Justice Ujjal Bhuyan orally observed that there was a “strong lobby” against the cadre officers and that “the cadre officers of the CAPFs are completely stifled.”
Following the 2025 judgment, the government enacted the CAPFs (General Administration) Act, 2026, notified in the Gazette on April 9. Five writ petitions challenging the new legislation have since been filed and are scheduled for hearing before the Supreme Court on November 18.
Concerns over case listing and stakeholder reactions
The Alliance of All Ex Para-Military Forces Welfare Association, representing former and serving personnel, said the issues at stake affect around 13,000 CAPF cadre officers. The Alliance stated that when the matter did not come up at the scheduled time on Tuesday, its senior counsel mentioned it before the Bench and flagged its removal from the cause list. The Alliance further claimed it raised concerns in court about the circumstances surrounding the deletion and the possibility of “improper interference” in the listing process.
What happens next
The case and connected matters have been ordered to be listed again at 2 p.m. on September 30, with the Registry directed to submit a note explaining the delisting. A special bench led by Justice Manoj Mishra, with Justice Ujjal Bhuyan, will hear the matter. Separately, the batch of writ petitions challenging the CAPFs (General Administration) Act, 2026 is slated for hearing on November 18.
Why it matters
The developments underscore both the sensitivity surrounding court listing procedures and the high stakes in ensuring compliance with the Supreme Court’s 2025 ruling on CAPF cadre management. The outcome will have significant implications for promotions, cadre control, and the role of IPS officers on deputation within the CAPFs, affecting thousands of officers across the forces.
