SC rejects plea against Centre's power on transfer, deputation of IPS officers

The petitioner claimed that this rule has created havoc in the law-and-order situation

The Supreme Court on Monday declined to entertain a plea for quashing of Rule 6(1) of Indian Police Service (Cadre) Rules, 1954, which conferred powers on the Centre to override decisions of state governments on transfer and deputation of IPS officers.

A Bench of Justices L Nageswara Rao and S Ravindra Bhat dismissed the plea by West Bengal-based Supreme Court lawyer Abu Sohel, who contended this rule is violative of different fundamental rights and against the interests of public policy and Centre-state relationship.

According to the plea, Rule 6(1) says: "A cadre officer may, with the concurrence of the state government or the state governments concerned and the central government, be deputed for service under the central government or another state government or under a company, association or body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by the central government or by another state government.”

The rule added, provided that in case of any disagreement, the matter shall be decided by the central government and the state government or state governments concerned shall give effect to the decision of the Central government.

Citing the rule, the petitioner stressed that the unique dichotomy in the prevalent laws is itself self-contradictory and violative of Article 14. He claimed that this rule has created havoc in the law-and-order situation and in the administrative structure of the concerned state governments.