Bihar moves HC against IAS officer’s transfer plea

Jitendra Gupta, claims threat to his life from transport mafia

July 17, 2018 10:40 pm | Updated July 18, 2018 09:20 am IST - NEW DELHI

Bihar government has moved the Delhi High court against a plea made by an IAS officer requesting for an inter-cadre transfer to Haryana following threat to his life from transport mafia in the State.

Dr. Jitendra Gupta, a 2013 batch IAS officer, had cracked down on organised groups involved in illegal activities when he was posted as a sub-divisional magistrate at Mohania in Bihar in 2015.

To support claims that he had faced threat to his life, the officer’s counsel submitted before the Delhi High Court, an internal report of Bihar Police obtained under the Right to Information Act.

The report dated June 19, 2017 sent from the office of Senior Superintendent of Police to Inspector General of Police (Security) said, “he was framed in a case of bribery by mafias….there is threat to his life from mafias and anti-social elements.”

On July 12, 2016, the Vigilance Department of Bihar raided his house and he was arrested in a case of extorting money from transport operators. Dr. Gupta who spent over a month in jail moved Patna High Court against the Vigilance Department’s FIR and pleaded that he was framed for cracking down on the mafia. The High Court quashed the FIR on October 28 the same year. Dr. Gupta told the court that he was framed as the mafia was hand-in-glove with some police, transport officers and politicians.

Bihar Government had moved Supreme Court against the HC’s decision to quash the FIR and initiated departmental proceedings against the officer. He was currently posted as officer on special duty, department of environment and forest.

Dr. Gupta moved SC for an inter-cadre transfer to Haryana on the grounds that he faced extreme hardships and received threat calls in Patna. The SC directed the Department of Personnel and Training (DoPT) to look into the grievances of Dr. Gupta and take appropriate action.

DoPT considered Dr. Gupta’s application for transfer to Haryana cadre and the latter even issued a no-objection certificate. Bihar opposed the transfer and moved Delhi HC in March.

The case came up for hearing on July 16. The court stayed any proceedings till the next date of hearing. When contacted a senior Bihar government official said, “The grounds on which the officer has sought an inter-cadre transfer is not acceptable. Around 12 crore people live in Bihar and his petition says that he faces threat to his life. The government will continue to oppose it. Had he sought the transfer on other grounds like family conditions and all, we would have considered. But if we allow this, it will put the State in a poor light.”

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