SC directs Kerala govt to reinstate former DGP TP Senkumar1 min read . Updated: 25 Apr 2017, 12:10 AM IST
SC bench sets aside an earlier ruling of Kerala HC that upheld the state government's decision to transfer former DGP TP Senkumar
New Delhi: The Supreme Court on Monday directed the Kerala government to reinstate former director general of police (DGP) T.P. Senkumar who was transferred in 2016.
“We are of the opinion that Senkumar was unfairly treated," a bench comprising justices Madan Lokur and Deepak Gupta said in an appeal by Senkumar, who claimed his transfer was politically motivated.
The court set aside the rulings of the Central Administrative Tribunal and the Kerala high court which went in favour of the state government.
While the Communist Party of India (Marxist)-led Left Democratic Front (LDF) government cited ineffective performance—delay in investigation in the Jisha murder case and the Puttingal fire tragedy—as the reason, Senkumar told the court he was transferred because he investigated political murders in the state in which the ruling party members were allegedly involved.
Senkumar’s lawyers senior advocate Dushyant Dave and Prashant Bhushan argued that the transfer violated the Supreme Court’s 2006 ruling which restricted the government’s powers in transferring top cops.
The Supreme Court ruling comes merely days after the Uttar Pradesh state chief minister Yogi Adityanath appointed Indian Police Service (IPS) officer Sulkan Singh as the state’s new director general of police, shifting Javed Ahmed, the former director general of police, to the rank of a director general of the provincial armed constabulary.
The previous Samajwadi Party-led Uttar Pradesh government’s appointment of Javed Ahmed had invited flak as senior officials were passed over.
“Although governments need to evolve a proper administrative culture, courts must desist from interfering in appointments. Every decision can be given a political colour and such rulings might give officials leverage to browbeat the government in courts," said A.K. Verma, a political science professor at Christ Church College in Kanpur, Uttar Pradesh.