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CAT refuses to quash transfer of senior cop

Last Updated 20 March 2013, 20:13 IST

The Central Administrative Tribunal on Wednesday refused to quash the transfer of T Suneel Kumar as Inspector General of Police and Commander of Anti Naxal Force, Udupi.

Suneel Kumar, who was serving as Additional Commissioner (Law and Order), Bangalore, had moved the Tribunal against the March 11 government order transferring him as the IGP and Commander of Anti Naxal Force. He had contended that his transfer was in violation of Section 20(B) of the Karnataka Police (Amendment) Act, 2012, since the government had not obtained recommendations from the Police Establishment Board before effecting his transfer. The Tribunal, which granted a two-week stay on the transfer, dismissed the petition on Wednesday.

“This tribunal can envisage that in certain contingencies the State government may have to issue orders of transfers and postings, particularly concerning assignments dealing with law and order and internal security on an emergent basis and it may not be possible to wait for the formal recommendations of the Police Establishment Board in such contingencies. But such occasion can only be rare and State government also may be required to record reasons for such emergent transfers,” The Tribunal noted.

When the Tribunal noted that it had passed an order a month ago in a similar case making recommendations by the Board mandatory, the government advocate submitted that the government was not intimated of the said order before effecting the transfer. The Tribunal stated that the government, in future, will have to comply with the direction.

T Suneel Kumar was relieved from charge Wednesday afternoon by the City Police Commissioner. He is yet to take charge in Udupi as Commander of Anti Naxal Force. Alok Kumar assumed charge as Additional Commissioner (Law and Order), Bangalore. Both the senior officers refused to comment on the issue.

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(Published 20 March 2013, 20:13 IST)

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