Supreme Court Dismisses PIL Challenging 'Centre's Overriding Power' Over Deputation/Transfers Of IPS Officers

Supreme Court on Monday dismissed a PIL challenging the constitutionality of Rule 6(1) of the Indian Police Service ( Cadre) Rules, 1954 for conferring powers on the Central government to override the states in matters of transfer and deputation of IPS cadre officers.

"Dismissed". said the Bench headed by Justice Nageswara Rao when the PIL filed by a Bengal-based lawyer Abu Sohel was taken up.

Rule 6 (1 ) reads as :

"6. Deputation of Cadre Officers:

6(1 ) 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.

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……………."

"Such being the prevalent situation in the country, there have been several face offs between Centre and the State which ultimately threatened the federal structure of our Constitution", the petitioner, Abu Sohel, urged.

He contended that the impugned Rule creates unjustifiable and illegal deviation from the intent of the Constitution makers to create harmony between the Centre and States and to boost up the essence of Centre-State relations which is a paramount requirement in order to create a welfare state.

"That in 2001, the infamous and ugly spat took place between the Centre and the Government of Tamil Nadu when the Centre decided to call back three IPS officers from state of Tamil Nadu", it is pointed out.

It is pressed in the petition that there are examples of many more such conflicts, most recent of the calling back of three IPS officers from the State of West Bengal "with utmost political vendetta against the interest of State and State machineries".

Further, it has been pressed that there is a dichotomy between Rule 5(1) and Rule 6(1). Rule 5(1) requires allocation of officers to the various cadres to be made by the Central Government in consultation with the State Government or concerned by concurrence.