Senior cops who met home minister R R Patil Friday pointed out a serious contradiction between two state government orders one vesting the power to transfer and promote with the home department and the other granting the director general of police (DGP) the authority to sanction prosecutions.
They said the orders were contradictory to the rules of law and natural justice.
While home department sources said the transfer order was not new and it only withdrew an authority granted to DGP in 2009,police officers said Transfer Act was for transfers,not promotions.
Additional director general (establishment) repeatedly asked the government to delink police from Transfer Act.
The senior cops said the authority appointing an officer alone had the power to sanction his or her prosecution.
A February 12 circular issued by the general administration department says DGP sanctions prosecution of inspector-rank officers accused of graft and the inspector general that of assistant inspectors.
In April this year,the home department issued an order that the power to promote an API or PI rested with it. The power to transfer is already with the department under Transfer Act,2005.
Sources said the police officers asked the home minister and the home department Friday how two contradictory orders could stand and who had the final power to transfer and promote PIs and APIs and sanction their prosecution.
Over the years,the power to transfer has been taken away quoting a law never properly implemented. Now in this order,the power to promote too goes. The point that 75 per cent of sub-inspectors should have consultation with MPSC is also not valid as for IPS,no such consultation is done with UPSC, said an official.
Home ministry sources said Transfer Act was very clear that the state government was the competent authority to transfer. The sources said the home department decided to restore its powers after CM asserted his authority on mid-term transfers.