It's final: BMTF chief Sharma will stay on

It's final: BMTF chief Sharma will stay on

CAT dismisses State govt order on his transfer

The Central Administrative Tribunal (CAT) dealt a fatal blow to the State government’s ploy of wanting to transfer R P Sharma, the top police officer heading the Bangalore Metropolitan Task Force (BMTF) on Friday.

CAT finally quashed Sharma’s transfer, after it had recently placed a temporary stay on it. The government had planned to replace Sharma with P Ravindranath, who is Inspector General of Police in the excise department.

K B Suresh, CAT’s judicial member, quashed the transfer order reasonsing that it would be an “infringement” of the 2006 Prakash Singh case decided by the Supreme Court.

 “Any infringement will be contempt of the Supreme Court of India. Therefore, both the impugned orders are hereby quashed.

“The applicant (Sharma) will be allowed to work out his full tenure as Chief of BMTF and in case of requirement extensions can also be considered,” ordered the tribunal.

The State government had claimed Sharma did not take required approvals for the construction of his house and had only taken permission from the Doddagubbi Grama Panchayat.

In the 72-page observation of the situation leading up to the transfer orders, CAT member Suresh said the government’s reason for removing Sharma for alleged violations of building plans in his house in Doddagubbi village, was “a trumped up charge.”

The Government had argued that the alleged building plan violations by Sharma prevented him from morally continuing in his post, where he was probing many building plan violation cases by officials in the City’s civic administration.

CAT disregarded the government’s charge on Sharma, saying it was bereft of any mens rea (criminal intent).