CAT rejects former Kerala Police Chief's plea against removal
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The Central Administrative Tribunal (CAT) on Thursday rejected the petition filed by senior IPS officer T P Senkumar challenging the decision of Kerala government to remove him from the post of the state police chief. Senkumar was shifted to the post of Chairman and Managing Director of Kerala Police Housing and Construction Corporation on a deputation basis just after the Left Democratic Front government assumed office in Kerala.
Senkumar challenged the government decision by pointing out that the government needed to furnish valid reasons before removing a DGP in charge of the law and order. The CAT, however, felt that the government has full authority to decide on who to be in charge of the key post.
Also read: "I still have all my vertebras intact," DGP Senkumar
The IPS officer had referred to a Supreme Court judgement in Prakash Singh V/s Union of India, which stated that an officer, once appointed, must be allowed to remain in a post for two years and cannot be removed from the position before that.
The CAT pointed out that the same court had clarified that the ruling would it had also stated that the ruling would be valid till the state governments bring in a new law.
Kerala Police Act was enacted in 2011 and under Section 97 2(e) of the Act, the government has the power to transfer a police officer before completing the tenure of two years, if the officer causes serious dissatisfaction in the general public or deemed inefficient.
State government submitted that the transfer was initiated as per the directive of a commission appointed as per Kerala Police Act to scrutinise the performance of Senkumar, which recommended his transfer. Court also considered P C Pandey's case in which Supreme Court said that the post of state police chief is a pivotal position in which state government has its interest and court cannot question the government's decisions.
