MAT stays Daya Nayak’s transfer

The Maharashtra Administrative Tribunal (MAT) on Wednesday stayed the transfer of encounter specialist police inspector Daya Nayak, who was shunted out of Juhu unit of the Maharashtra anti-terrorism squad to far-off Gondia district

The Maharashtra Administrative Tribunal (MAT) on Wednesday stayed the transfer of encounter specialist police inspector Daya Nayak, who was shunted out of Juhu unit of the Maharashtra anti-terrorism squad to far-off Gondia district.

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A bench of MAT member AP Kurhekar stayed the May 6 order primarily in view of “the grave situation prevailing now because of COVID-19 pandemic and the second wave”. Nayak was transferred to caste scrutiny committee, Gondia, considering that Nayak has served 20 years in Mumbai. “Government of Maharashtra by G.R. dated May 10, 2021 has taken conscious decision not to effect any transfer including mid-term or mid-tenure till June 2021 in view of COVID-19 pandemic situation. The said G.R. was issued hardly four days after impugned transfer order,” said MAT while staying the transfer order. “The benefit of this G.R. also can be extended to the Applicant (Nayak) though impugned transfer order was issued four days before the issuance of G.R. in the light of continuing Pandemic situation,” reads the order.

He further pointed out that in 2014 the applicant was transferred from Mumbai to Nagpur, but at the time, the government had accepted his representation in view of threat to his life from underworld and terrorists and he was reposted in Mumbai.

“It appears that the then Commissioner of Police has received complaint against the Applicant that he is keeping relation with criminals and also threatened one Mohammed Nabi Khan for withdrawing report lodged against him,” the government pointed out.

MAT, however, criticized the action observing that, “Director General of Police dug out report of Commissioner dated December 31, 2013 and solely on the basis of it recommended the transfer of the Applicant. What is striking to note that except this old and stale report of the Commissioner dated December 31, 2013 there is absolutely no fresh material as to what prompted the Director General of Police to transfer the Applicant suddenly after the lapse of more than eight years from the receipt of letter dated December 31, 2013.” said advocate MD Lonkar who appeared for Nayak.