Bhopal: The Madhya Pradesh High Court has
issued contempt notices against top state government officials
for not abiding by its directive to form a state security
commission to decide on transfer of police personnel.
Notices have been issued to Chief Secretary Avni
Vaishya, Home Secretary Ashok Das and Director General of
Police S K Rout asking them to file their response by this
month end to the High Court which posted the matter for
hearing in the first week of May.
The court was hearing an application filed by social
activist Ajay Dubey pleading that the state government has not
constituted a Security Commission, part of a set of guidelines
issued by the Supreme Court on police reforms, as earlier
directed by it.
Dubey had in 2009 moved MP High Court over the matter
of transfer of 629 police personnel, including Additional and
City Superintendents, through political recommendations.
The transfers were effected between January 1 and
September 30, 2008 just before the assembly polls in the
state. Authorities had received around 3,000 recommendations
by bureaucrats and political leaders during that period.
"Out of which more than 600 police personnel,
including Deputy Superintendents of Police, were transferred
or posted on the basis of recommendations," Dubey said.
Dubey alleged that the state government had sidelined
the Supreme Court directions while transferring the personnel
and had granted postings without sending such requests to the
police establishment board meant for the purpose.
According to the Supreme Court order in the case of
Parkash Singh and others versus Union of India 2006 (8) SCC 1:
"There shall be a police establishment board in each state
which shall decide all transfers, postings, promotions and
other service related matter of officers of and below the rank
of Deputy Superintendent of Police.
"The state government may interfere with the decision
of the board in exceptional cases, only after recording its
reasons of doing so...," the apex court had said in its
Dubey claimed that the transfers were not routed
through the Board and they bypassed its jurisdiction.
According to a reply received in response to an RTI
application filed by Dubey, about 98 recommendations were made
for transfer of Additional and City Superintendents of Police
and 472 such requests for Deputy Superintendents of Police. As
a result a total of 74 such officers were transferred.
The administration had received about 500
recommendations to transfer police inspectors in addition to
nearly 700 such requests for sub-inspectors, out of which a
total of 340 requests were accepted, it said.