Mumbai News

Bombay HC: Can’t be rolled-up consideration for cops due for ‘general transfer’ and those transferred ‘mi – Times of India

MUMBAI: The Bombay high court recently stayed, as illegal, a September 9 ‘mid-term’ transfer of a superintendent of police, Nashik Rural to deputy commissioner, State Intelligence Department (SID), Mumbai.
A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni in an order on September 20 held that the transfer power “has been exercised illegally’’ while ordering the transfer of Sachin Patil, an IPS officer.
The HC also said, “We are conscious that interference at this stage would disturb the chain of transfers. However, administrative inconvenience has to yield to the rule of law.’’
Patil, through his counsel S C Naidu, said he has challenged his transfer before the Central Administrative Tribunal, Mumbai, however since the tribunal presently lacks requisite quorum due to non-availability of an Administrative Member at Mumbai, he approached the HC for relief.
A police officer of the petitioner’s rank is allowed a normal tenure of two years at one place of posting. The transfer was made mid-term, the HC noted.
The HC said, “There cannot be a rolled-up consideration of all officers due for ‘General Transfer’ and those being subjected to a ‘Mid-term Transfer’, as has been done in the present case.’’
Any transfer before tenure can be done on five grounds. The state argued that there was a complaint against the officer. The HC noted that the Police Establishment Board does not appear to refer to mid-term transfer to any complaints.
The HC order perused the file and said it “does not establish that the Police Establishment Board did at all peruse any of the complaints leading to formation of a subjective satisfaction that the mid-term transfer of the petitioner on the ground that there are allegations of corruption against him is warranted.’’
“On the contrary, what we find is that several police officers were considered for transfer’’ the “administrative reasons” cited as the cause for such transfers.
Transfers of police personnel are governed by the Maharashtra Police Act, 1951. “General Transfer” means posting of police personnel in the police force from one post, office or department to another post, office or department in the month of April and May of every year, after completion of tenure.
The HC directed the stay order to continue till the end of this year. It granted Patil liberty to pursue the proceedings before the Tribunal and seek extension of this interim order of stay.
Another police officer who was transferred to Patil’s post in Nashik Rural from a post of deputy commission of police for VIP security, Mumbai city—which he held for five years—through his advocate Ashok Saraogi said he would be affected by the stay.
The HC in its order, said since Patil’s transfer order it had found to be “prima facie illgal’’, it can only grant Saraogi’s client liberty to seek an appropriate posting by applying before concerned state authority.

Source: https://timesofindia.indiatimes.com/city/mumbai/bombay-hc-cant-be-rolled-up-consideration-for-cops-due-for-general-transfer-and-those-transferred-mid-term-stays-as-illegal-one/articleshow/86639103.cms