The Karnataka High Court on Thursday directed the State government to continue with senior IPS officer Prashanth Kumar Thakur in the post of Additional Director General of Police (Bangalore Metropolitan Task Force) as he was posted prior to March 22, 2017.
A vacation Division Bench comprising Justice Ravi Malimath and Justice John Michael Cunha passed the interim order on a petition filed by Mr. Thakur questioning the April 25, 2017 order of the Bengaluru bench of the Central Administrative Tribunal (CAT) refusing to pass an interim order to stay the government order transferring him from the post of ADGP-BMTF.
In terms of the Karnataka Police (Amendment) Act, 2013, the bench observed that the officer concerned should have a minimum tenure of one year and the petitioner-officer was transferred within 11 weeks of being appointed to the post of ADGP-BMTF. He was appointed to the post with effect from January 2, 2017.
“Therefore, we are of the prima facie view that the order of transfer is not in accordance with law,” the bench said while observing that ‘the only reason for transferring the petitioner is administrative’.
Earlier, D.R. Ravishankar, counsel for Mr. Thakur, had contended that it was a ‘premature’ transfer in violation of the Karnataka Police (Amendment) Act, 2013 and there is ‘no administrative exigency’ which would entail transfer, and also there is no allegation against the petitioner-officer.
Meanwhile, the court permitted the CAT to proceed with final disposal of the application filed by Mr. Thakur questioning his transfer from the post.
While transferring Mr. Thakur from the post of ADGP-BMTF, the State had given additional charge of this post to R.P. Sharma, an ADGP, who is serving as the Managing Director of Karnataka Handicrafts Development Corporation Ltd.
