The Punjab government finally assured the Punjab and Haryana High Court that no police officer will be transferred in violation of the transfer policy in the future. The state assured the court on Wednesday that no police official will be transferred against the minimum assured stay of one year. In exceptional cases,however,the state has decided that keeping in view public interest an officer need not be transferred even if he has remained posted at a station for three years; the maximum permissible period. This was submitted on Wednesday during the resumed hearing of a contempt petition filed by advocate H C Arora against Rakesh Singh (chief secretary) and D S Bains,principal secretary,Department of Home Affairs. The petitioner had sought action against them for violating the undertaking given by the Punjab government before the high court last September regarding the minimum assured stay of one year for all DSPs/SPs and SSPs. The government,in its affidavit,attempted to explain the transfers of only some of the officers,who had not completed one year of stay. For instance,the government notes that Gurinder Singh Dhillon,PPS,was transferred in the wake of infamous Shruti kidnapping case; Sukhchain Singh,IPS,was transferred before giving undertaking to the Court on September 20,2012. Other transfers made before completion of one years stay,however,were not explained with the government simply stating that: any officer who fails to perform his duties efficiently is liable to be transferred by the Government prematurely. The Bench referred to the earlier assurance given by the Punjab government to the court,wherein the state said it would strictly comply with provisions of Section 15 of the Punjab Police Act,2007,regarding minimum assured tenure of one year to be granted to all DSPs/SPs and SSPs,except in exceptional circumstances for efficiency or negligence or non-performance or where a prima facie case of a serious nature is found against him on the basis of a preliminary enquiry. In regard to allegations that Mohali SSP Gurpreet Singh Bhullar,has been allowed to stay beyond the maximum permissible period of three years,the Punjab government has come up with an ordinance,signed by the Punjab Governor,to the effect that in Section 15 (i) of the Punjab Police Act,2007,the expression extendable to maximum period of 3 years, stands substituted by the expression extendable up to three years or up to a maximum period of five years,if it is in public interest,by giving valid reasons and justifications in the orders. The ordinance comes into effect from the date of its publication in the Official Gazette. Accepting the undertaking given by the state,the high court disposed of the petition.
