MAT quashes transfer of police inspector by Thane SP
MAT quashed and set aside transfer of a police inspector in the district by superintendent of police and ordered his reinstatement
In his order delivered on December 23, MAT vice-chairman Rajiv Agarwal directed reinstatement of the complainant Kishore Pasalkar, attached to Padgha police station, within two weeks.
Pasalkar had alleged in his complaint that he was arbitrarily transferred to Mokhada police station in the same district on May 30, 2013 by SP Anil Kumbhare without adhering to the norms.
Pasalkar had also made his senior Suresh Manore as another respondent.
The officer challenged the transfer saying it was made in violation of the Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in Discharge of Official Duties Act, 2005.
The complaint further added he was transferred before completion of his tenure of three years which is in violation of section 4(5) of the Transfer Act.
Pasalkar said prior approval of chief minister was needed as he was mentioned as the immediate superior transferring authority in table of section 6 of Transfer Act.
“The impugned order was not approved by chief minister and is therefore bad in law. The order dated May 30, 2013, had been issued in most causal manner. It was handwritten and not even signed by the respondent SP,” Pasalkar’s counsel argued.
Representing the SP, his counsel Nileema Gohad said the district police chief was the competent transferring authority as per the law and the transfer was done on the inputs that Pasalkar had been in hand in glove with anti-social elements.
The counsel said nothing mala fide was intended in Pasalkar’s transfer.
However, the tribunal observed that since mid-tenure transfer was effected in this case without prior approval of chief minister the order of SP cannot be sustained in this case.