Calcutta HC dismisses TMC MP's PIL against officials' transfer by ECI

Calcutta High Court dismisses TMC MP Kalyan Banerjee's PIL against the Election Commission of India's transfer of IAS and IPS officers in West Bengal, stating the move was not arbitrary and did not paralyze the state's administration.

Calcutta High Court on Tuesday dismissed the PIL filed by Trinamool Congress (TMC) Lok Sabha member and advocate Kalyan Banerjee against transfers of IAS, IPS and other officials in West Bengal. Banerjee had filed a PIL against the Election Commission of India (ECI)'s notification for the transfer of the Chief Secretary, Home Secretary, Director General of Police (DGP) and certain District Magistrates and Superintendents of Police.

Court Dismisses PIL, Cites No Paralysis in Administration

The two-judge Bench comprising Chief Justice Sujoy Paul and Partha Sarathi Sen, noted that there was no vacuum in administration as the newly appointed officials took positions in place of the transferred officials.

The court said, "if officers are transferred for a short time, i.e. till the election, it cannot be said that administrative machinery in the State is paralysed and a numbed-like situation has been created."

Banerjee's plea, as the court noted, also stemmed from the number of officials transferred at once; however, the High Court denied it to be an "arbitrary, capricious or mala fide" action by the ECI. The court, however, allowed individual aggrieved officers to challenge their transfer orders if they wanted to.

ECI Orders Major Reshuffle Ahead of Polls

Earlier this month, in a major reshuffle ahead of the West Bengal Assembly elections, the Election Commission of India ordered the transfer of several officials in the state. In a notification, the Commission has listed officers to be deployed in key districts to ensure smooth election conduct.

Among the postings, Surya Pratap Yadav (IPS 2011) has been appointed as SP, Barasat PD, while Rakesh Singh (SPS 2014) will serve as SP, Coochbehar. Other officers include Kumar Sunny Raj (IPS 2017) at SP, Birbhum; Ishani Paul (IPS 2013) at SP, Islampur PD; Pushpa (IPS 2012) at SP, Hooghly Rural; and Jaspreet Singh (IPS 2016) at SP, Diamond Harbour PD.

The notification further directs Yeilwad Shrikant Jagannathrao (IPS 2015) to take charge as DC, Central Division, Kolkata, and Papiya Sultana (SPS 2015) as SP, Paschim Medinipur, among others.

The ECI also named Siddh Nath Gupta as Director General of Police, replacing Peeyush Pandey.

Polling in West Bengal will be conducted in two phases on April 23 and April 29, with the counting of votes on May 4. (ANI)

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