Cop drags state to court over Transfers Act

Aggrieved with frequent transfers, a police inspector moved the Bombay high court, challenging the constitutional validity of two provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Duties Act, 2005.

Aggrieved with frequent transfers, a police inspector moved the Bombay high court, challenging the constitutional validity of two provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Duties Act, 2005.

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Inspector Bhausaheb Andhalkar, who has been transferred 12 times and suspended twice in five years, contended that sections 4 and 6 of the Transfers Act, 2005 allow political interference in transfers and postings of police officials, contrary to the law laid down by the Supreme Court in Prakash Singh's case and ultra vires to the Constitution of India.

Through the September 2006 verdict, the Apex court had directed all the states to set up a Police Establishment Board for dealing with transfers, promotions and other service-related matters of police personnel.

In the verdict, the apex court observed that there should be no political interference, frequent and indiscriminate transfers of police officers based on political and other unhealthy influence and pressure.

Andhalkar has also challenged the Maharashtra Administrative Tribunal's order of May 6, 2011 refusing any relief to him on a plea challenging an order dated January 25, 2011 transferring him from the local crime branch, Pune Rural to Amravati.

Andhalkar contended that though the state government has set up a Police Establishment Board in July 2008, concerned notification allows taking a final decision about transfers and postings of police officers by political figures.