Baijal would be reposted at Nashik, from January 1, 2012, as a deputy director of the detective training school since the incumbent retires on December 31, 2011.
In a partial relief to senior police officer Harish Baijal, he would be reposted at Nashik, however, from January 1, 2012, as a deputy director of the detective training school since the incumbent retires on December 31, 2011.
Maharashtra Administrative Tribunal (MAT)said, “If a government officer tries to be assertive for his rights and self-respect that in itself cannot be termed as special circumstances to transfer the officer and brand him as an undesirable person in a department.”
However, a division bench of justice BH Marlapalle and justice Nishita Mhatre did not quash Baijal’s transfer order from Nashik to Thane since he had already taken charge as Deputy Commissioner of Police at Thane.
Baijal had challenged his transfer from Nashik as Superintendent of Police (SP), Anti Corruption Bureau (ACB) to Thane.
Baijal will continue to be posted as Deputy Commissioner of Police, Thane till December 31, 2011 and then be appointed as deputy director of the detective training school in Nashik from January 1, 2012.
“We are not inclined to quash the transfer order as both the officers have taken charge of their respective posts after transfer,” observed the court.
The court was hearing a petition filed by Baijal challenging order of MAT confirming his transfer from Nashik to Thane on June 24. Baijal was transferred even before completion of his three-year term.
The government in its transfer order of June 24 had claimed special circumstances and had based its order on three complaints received against Baijal for corruption and the letter submitted by the then Director General of ACB K Subramaniam stating that the officer should be shunted to a post which does not require any investigation.
Subramaniam, presently DGP Maharashtra, had written the letter on June 22 after he had an altercation with Baijal over the complaints.
The court today however made it clear that the complaints received against Baijal were not substantiated by an inquiry and hence will not form part of his service record.
Citing a Supreme Court judgment, the court observed: “Transfer order which is based on complaints which are not inquired into, suffer from malice in law.”
Counsels for Baijal – Rafiq Dada and Prateek Seksaria – had contended that Baijal was victimised due to his friction with the DGP.
Special counsel venkatesh Dhond and assistant government pleader Abhinandan Vagyani had argued that it was not a punishment posting and was a part of general transfer along with 73 police officers.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}