Punjab

HIGHCOURT DIRECTS PUNJAB HOME SECRETARY TO SPELL OUT CRITERIA ON TRANSFERRING DSPs

January 08, 2018 07:41 PM

Chandigarh (Face2News)

Punjab and Haryana Highcourt directs the Home Secretary, Punjab to spell out the criteria used by the Police department in transferring Police Officers of the rank of DSP:

During resumed hearing of a Contempt Petition, the High Court Bench comprising Justice Daya Chaudhary today noticed that officers of the rank of DSP were being transferred before completion of stay of one year , as envisaged under Section 15 of the Punjab Police Act. Some such DSPs were transferred within a few months of their stay at a particular place. The Bench was apparently not satisfied with explanation offered by the respondents that such transfers were effected in administrative exigencies against a vacancy caused by promotion or transfer. The Bench pointedly directed the respondents to state the criteria as to how they decided to order transfer of a DSP to a vacant place if more than one officers were available, some of them with stay of less than one year, and some with longer stay. The requisite affidavit has to be filed by the respondents within three weeks. 

In this Contempt petition, the petitioner, Hari Chand Arora, Advocate had stated that he had filed a CWP in the year 2012 against frequent transfers of DSPs, in violation of provisions of Section 15 of the Punjab Police Act, 2007, which envisages a minimum assured stay of one year before transferring Police officers deployed in the field, but in exceptional circumstances, like inefficiency, misconduct etc, transfer of concerned Police Officer can be effected before completion of one year’s stay at the present place of posting. The HC had disposed of the CWP by directing the respondents to meticulously comply with the provisions of Section 15 of the Act.

Thereafter, petitioner filed a Contempt Petition, which was also disposed off on the basis of an assurance of the State Government Counsel to the effect that the aforesaid provisions shall be complied with in letter and spirit in future. However, the petitioner filed the instant COCP in 2014, because the respondents were still effecting very frequent transfers of Police Officers. During pendency of the COCP, he filed an affidavit, based on RTI information, that some DSPs were transferred within a period of few days, or few weeks, or months. He argued before the Bench today that the family life of Police officrs, and the study of their children was adversely effected by such frequent transfers, and being members of a disciplines force, they cannot afford to rush to the Hon’ble Courts.-

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