The Delhi High Court has imposed a cost of ₹20,000 on the West Bengal government for not relieving an IPS officer of the State cadre, despite a lapse of nearly three years since the Centre issued a notification permitting the cadre transfer from West Bengal to Odisha.
The High Court gave the order on a plea by Ms. Loganayagi Divya V., an IPS officer of 2013 batch, who was allotted to West Bengal cadre.
Ms. Divya, in her plea, stated that on a representation made by her stating that she married an IPS office of Odisha cadre, the Home Ministry had on September 12, 2017, issued a notification for change of her cadre from West Bengal to Odisha.
She had contended that more than two years have elapsed since the cadre change was notified, but she was not being relieved by the West Bengal government, thereby defeating the very purpose of seeking the change of cadre.
Taking note of the plea, a Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar said that “there can be absolutely no justification for the State of West Bengal not relieving the petitioner (Ms. Divya) to enable her to join the IPS Cadre in the State of Odisha”.
‘Complete apathy’
“This shows complete apathy on the part of the State of West Bengal — which cannot be countenanced,” the High Court said.
The court also noted that the change of cadre was sanctioned after prior approval of both — the West Bengal and the Odisha government, and of the Union of India as well.
Ms. Divya had even approached the Central Administrative Tribunal which passed the order in her favour. Despite that, she was not relieved. Following which, she moved the High Court.
Her counsel stated that she has delivered a child on June 12, 2020, and that the delivery was pre-mature and the child needs extra and special care.
“We declare that the petitioner [Ms. Divya] stands forthwith relieved from her post in the IPS cadre of the State of West Bengal. No further orders would be required to be passed by the State of West Bengal in this regard,” the High Court ordered.
“We direct the State of Odisha to treat this order as a relieving order of the petitioner to enable her to join her post in the IPS cadre in the State of Odisha,” it added.
