State to change rule about transfer of police officials

The Maharashtra Administrative Tribunal (MAT) - which is a quasi-judicial body, a court of appeal for administrative actions taken against government employees, including the police - has 159 cases from the home department pending since 2009, half of which are related to appointments and transfers.

The Maharashtra Administrative Tribunal (MAT) - which is a quasi-judicial body, a court of appeal for administrative actions taken against government employees, including the police - has 159 cases from the home department pending since 2009, half of which are related to appointments and transfers.

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A senior home department official said the increasing number of MAT cases was one of the factors that prompted the state to withdraw the transfer powers given to the DIG and Mumbai police chief. The other factor was the lack of clarity in transfer decisions. “The fact that the home minister has taken a decision to keep the powers with himself means that there was some shortcoming in the way the transfers were taking place,” the official said, requesting anonymity.

Home department officials said the mass transfer of 97 orderlies, including constables and sub-inspectors, by city police chief Arup Patnaik in May is a trigger, as it has caused large-scale resentment.

“Many of those transferred complained to the joint commissioner of police (administration) that norms were not followed, and many have gone on long leave,” the official said.

Patnaik had justified his move by sending a circular stating that those who have been serving as officers for more than six years should be transferred to ensure that they don’t develop strong connections with anti-social elements.

Patnaik said his office would adhere to the decision taken by the home department.

“There can be many theories to why the decision was taken, but it is not right for me to comment. If I have any reservations about it, I will give it in writing, as per procedure,” Patnaik said.

Police transfers are governed by the Regulation of Transfers & Prevention of Delays in Discharge of Official Duties Act, 2005, according to which officials can be transferred only after they complete a three-year tenure.