The Central Administrative Tribunal (CAT), Ernakulam Bench, on Thursday upheld the LDF government decision to remove T.P. Senkumar, senior IPS officer, from the post of the State Police Chief.
Dismissing Mr. Senkumar’s application challenging the government action, the Bench comprising Judicial Member N.K. Balachandran and Administrative Member P. Gopinath observed that there was nothing to show that the power was exercised by the government based on extraneous consideration or for achieving any alien purpose or with any oblique motive. Nor was there anything to show that there was any mala fide or colourable exercise of power by the government.
Mr. Senkumar contended that the decision of the government to transfer him from the post of the State Police Chief and post him as Chairman and Managing Director, Kerala Police Housing and Construction Corporation, on deputation was illegal.
Advocate General C.P. Sudhakara Prasad submitted that the former State Police Chief was protecting the delinquent officers in the Puttingal fireworks tragedy and that he was callous and insensitive to the investigation into the Dalit woman’s murder at Perumbavoor.
The appointment of Loknath Behera as State Police Chief was made on the recommendation of a committee consisting of the Chief Secretary and Additional Chief Secretary (Home) and Law Secretary.
The decision to replace/transfer the applicant from the post of State Police Chief was taken by the Cabinet/Council of Ministers after an overall assessment of the performance of the applicant.
He added that the transfer of Mr. Senkumar was based on the collective decision taken by the Cabinet. The tribunal, however, ordered that an appropriate order protecting the last pay drawn by the applicant, while he was holding the post of State Police Chief be issued within one month.
Nothing to show that
the govt. had oblique
motive for removal
Government says
Senkumar protected
delinquent officers
