The Bombay High Court today upheld a Mumbai Police Commissioner's order shifting policemen from one department to another within the city limits, ruling that it did not amount to transfer.
The court ruled that such orders were not transfers but amounted to entrusting duties associated with the post.
The Police Commissioner had, by his order dated May 30, shifted 22 policemen from their current positions to new postings. Three of them had challenged the order before the Maharashtra Administrative Tribunal (MAT), which was rejected. Later they moved the High Court.
One of the petitioners was Jivajirao Jadhav who was posted as Senior Police Inspector at the Mulund police station and was ordered to move to the Special Branch.
He pleaded the Police Commissioner did not have powers to shift him without the sanction of the Chief Minister who was the authority on transfer of Grade I officers. If he was moved to some other position, then it had to be in accordance with the provisions of the Transfer Act of 2005.
The bench of the Justices S C Dharmadhikari and R Y Ganoo said "change of post will not amount to transfer. They are within the city limits; status, pay and other benefits are not disturbed. Then, it is not called transfer under the Act as the petitioners are not called upon to perform duties other than those attached with the post."
The petitioner contented the order passed by the police hief was not an entrustment of duties but a transfer of job and argued it was not permissible as per the law.
The government argued that in accordance with the provisions of the Act, the officers could be posted in other departments and submitted that it does not amount to transfer.
The bench noted "one cannot say that every order entrusting duties presently performed would amount to transfer; everything will depend on the facts and circumstances of each case. In the present case, it is not demonstrated that by the order any malafide has been done."
The court, accordingly, dismissed the petitions filed by the three policemen and vacated the interim relief granted to them during the pendency of the petition.
Following the court order, they will now have to move to their new posts with immediate effect.
