Opinion A question in Maharashtra

That these decisions have been taken when there is a resurgence in the discourse on police reforms is unfortunate. The hypocrisy in implementing so-called police reforms in the state in the wake of the Supreme Court judgment of September 2006 is evident in the ham-handed and superficial manner the home ministry set up the establishment board and the state security commission. The latter has been non-functional since its inception. As for the establishment board,according to the Supreme Court directive,this board should decide transfers,promotions and related matters concerning officers of and below the rank of deputy superintendent of police,and make similar recommendations in respect of superintendents of police and above. Such recommendations should normally be accepted by government. These directives have been effectively diluted by keeping the DSPs out of the purview of the establishment board. Now,the government wants to promote sub-inspectors,assistant police inspectors and so on,thereby making the board redundant.

The much-discussed Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act,2005 (hereafter transfer act),is an absurdity when viewed in the context of police hierarchy and command structure. The Group A officers mentioned in Section 6(b) of the act are transferable by the minister in charge of the department,and if these officers are working at the divisional or district level,the divisional or district head can transfer them within the division or district respectively. But what if the officer has to be transferred out of the division or district? It is only the minister in charge who can do this,as per the act. The DGP,for all practical purposes,is bypassed. This act has been touted by the government as a pioneering feat in ensuring security of tenure to officers. This legal instrument,which has upset the chain of control and command in the police force,has been used by officers to approach tribunals and exploit the anomaly.

Now,in the face of mounting criticism,the state home minister,R.R. Patil,has reportedly said that he wants to “find a long-term and permanent solution”,which,according to him,involves amending the act. His claim that he is unhappy with the scenario is unconvincing. In last year’s general transfers of officers of all ranks,he ignored the recommendations made by the establishment board and issued orders completely at variance with the board’s recommendations. I had protested in writing to the home department requesting them to communicate the reasons for this deviation. No response was given. And why,when it was known that a large number of transfers ordered under the delegated powers as per the act were stayed by the tribunals over the years,have no corrective steps been taken so far?

The government has also been tongue-in-cheek when it comes to giving tenure postings to important positions,like the commissioner of police in Mumbai. The government has used the tool of promotion to ensure that no officer posted to Mumbai city as commissioner will get full tenure. In 2004,the government’s decision to transfer the then commissioner prematurely,because he was promoted to the rank of DGP,was the subject matter of a PIL before the Bombay High Court and the government wriggled out of it by telling the court that in future,the commissioners would be of the rank of additional director general. The absurdity of this argument is apparent when you go back and see there were indeed commissioners of police who were promoted to the rank of DGP and continued to serve in the same post. If anything,there is an even stronger case now for upgrading the post of commissioner to a full DGP rank to ensure tenure and accountability. It is time to put a stop to specious arguments and deal with the matter of tenure of officers with more seriousness.

The solution is not complex,unless the home ministry persists with its attempt to keep the police department under the purview of the transfer act. The police force is subject to a separate set of rules and regulations related to recruitment,training,discipline,hierarchy and chain of control and command. Therefore,it is not in the best interests of the police force if the government brackets it along with all other departments. The simple solution is to incorporate the provisions relating to transfer,promotion,tenure and postings of police officers of all ranks,authorising appropriate levels in the hierarchy,in the Bombay Police Act,1951,so that it becomes sacrosanct and inviolable. These issues were addressed by me to the home department about a year ago. But the attitude with which these issues are dealt was well reflected when a senior officer from the home ministry reportedly said,“Why is there so much fuss about a simple matter like transfers,promotions and postings?” Will the government ever get serious about police reforms?

The writer is a former director general of police,Maharashtra

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