The High Court has given a blow to the Chhattisgarh Government and the Police Department. The double bench upheld the order of the single bench. The High Court held that the Police Act 2007 is applicable to all police officers and personnel.
Chhattisgarh High Court News: The Chhattisgarh High Court has given a historic decision on the transfer in the police department. The court’s decision will be applicable to the police force across the state. The Division Bench of Chief Justice Arup Kumar Goswami and Justice NK Chandravanshi said that the Police Act 2007 is applicable to the police officers across the state. In such a situation, only the Police Establishment Board can transfer from constable to inspector. IPS rank officers like SP, DIG, IG, ADG or DGP cannot transfer.
Gayatri Verma had filed a petition in the High Court through advocates Abhishek Pandey and Deepika Sannat. In the petition, the transfer order issued by IG Intelligence was challenged. During the hearing of the Single Bench on the matter, the advocates argued that only the Police Establishment Board has the right to transfer from constable to inspector rank. The court was told that only a committee of 5 IPS officers can be transferred. Officers of the rank of IPS, SP, DIG, IG, ADG or DGP cannot transfer from one district, range, zone to another district, range and zone.
High court upheld the order of single bench
Accepting the arguments of the advocates, the Single Bench quashed the transfer order. Challenging the decision of the Sing Bench, the State Government and the Police Department filed an appeal. Argued on behalf of the government that IG Intelligence has the right to transfer. The appeal was opposed by Gayatri Verma. It was told that the Police Act 2007 is applicable to all the police officers and employees of the state of Chhattisgarh. Under Section 22 (2) (a) of the Act, only the Police Establishment Board has the right to transfer from constable to inspector. The Double Bench dismissed the appeal filed by the State Government and the Police Department while upholding the decision of the Single Bench. The High Court passed an order mentioning in detail that Sections 1(3), 2(h), 3, 4, 5, 9,10 and 22(2)(a) of the Police Act 2007 did have effect on the police officers of the State.
Only the Police Establishment Board has the right to transfer
The High Court said that the right of transfer from constable to inspector rests with the Police Establishment Board, a committee made up of 5 IPS. Transfer can only be done by the committee. No other IPS officer, SP, DIG, IG, ADG or DGP can move from one district to another, from one range to another or from one zone to another. Let us tell you that Gayatri Verma, posted as Inspector in Korba Special Branch, was transferred from Korba to Gorela-Pendra-Marwahi by IG Intelligence. Gayatri had filed a petition in the High Court against the transfer. While hearing the single bench, only the authority of the Police Establishment Board was accepted and the transfer order was quashed.