Can transfer tainted cop before tenure is over: Punjab to HC

On the last date of hearing,on August 24,2009,the High Court had posed two queries to the Punjab government: (a) Whether conditions under Section 13 of the Punjab Police Act meant for station house officers are to be read under Section 15 as well for senior functionaries? (b) Whether an officer against whom departmental proceedings are pending can be transferred before the completion of his tenure?

Regarding first query,the government said: “Section 15 of the Act deals with the tenure of key police functionaries ie Inspector General of a zone,Deputy Inspector General of a range,SP,ASP,DSP and Station House Officer of a police station posted in a police district.”

The state also submitted: “Therefore,conditions laid down in sub-section (2) of Section 13 which relates to the posting of SHO cannot be read for senior functionaries.”

With regard to second query,the government said: “As per the provisions contained in sub-Section (2),Section 15,IGP,SSP,SP,ASP,DSP and SHO of a police station,posted in a police district on key post can be transferred before the expiry of his tenure in exceptional cases for inefficiency or negligence or non-performance or when a prima facie case of a serious nature is found against him on the basis of a preliminary inquiry.”

A Division Bench comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh deferred the case for January 12.