Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | appellant - Before completion of mandated ininimum ·tenure of two C years for the State Police Chief - On ground that he caused 2011 - s. 97 - Transfer of State· Police Chief Kera/a Police Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kera/a Police Act, 2011 - s. 97 - Transfer of State· Police Chief , appellant - Before completion of mandated ininimum ·tenure of two C years for the State Police Chief - On ground that he caused "serious public dissarisfaction about efficiency of police"- Whether such transfer/displacement justified in law - State Government contended that only a prima facie satisfaction of the Government was required to transfer the appellant due to his conduct subsequent to an incident of murder and a temple tragedy, which resulted in nuri1ber of deaths D and injuries to many - It was alleged that appellant failed to take action against the errant police officersfor the temple tragedy and also failed to provide adequate response to the incident of murder - Held: There is no material on record except the view that there . was dissatisfaction among the general public on the efficiency of · E the police - It is not enough to merely contend that the State Government was subjeetively satisfied that the appellant ought to .be transferred out as the State Police Chief - This make-believe prima facie satisfaction by itself cannot take out judicial review of administrative action in the garb of subjective satisfaction ° of the State Government - The removal or displacement of any senior level F officer from a tenure appointment must be for compelling reasons and must be justified by the concerned authority, if called upon to do so, on material that can be objectively tested - Significantly, appellant was not found blameworthy in any manner whatsoever, it was only the three errant police officers who were found at fault - G No justification to conclude that the appellant alone deserved to be . acted against only because he supported his subordinates - Appellant has been unfairly and arbitrarily dealt with - He was displaced from the post of the State Police Chief summarily and without reasonable cause - State Government directed to reinstate him ahe State Police Chief - Service Law - Transfer - In case of tenure appointment - Administrative Law - Judicial review. Administrative Law - Statutory Authority - Order passed by Chief Minister to replace the State Police Chief - On ground of unsatisfactory leadership of appellant leading to serious dissatisfaction among general public ~ State Police Chief-appellant challenged the order - State in a detailed counter affidavit further alleged that appellant attempted to interfere in the investigation of Temple tragedy - Held: Validity of an order passed in exercise of statutory power on certain grounds. must be judged by the reasons mentioned in the order - Those reasons cannot be supplemented by other reasons through affidavit or otherwise. Constitution of India -Art.32 rlw. Art. 142 -Power of Supreme Court to issue necessary directions to fill the vacuum till the legislation steps in to cover the gap or the executive discharges its role - Discussed. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 392 |
Petitioner | Dr. T. P. Senkumar Ips |
Respondent | Union Of India & Ors. |
SCR | [2017] 6 S.C.R. 881 |
Judgement Date | 2017-04-24 |
Case Number | 5227 |
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