KOCHI: Kerala High Court on Wednesday upheld the order of Central Administrative Tribunal (CAT) Ernakulam Bench dismissing the petition filed by Director General of Police (DGP) TP Senkumar challenging the decision to transfer him from the post of state police chief.
"Displacement of Senkumar ordered by the state government is based only on the subjective satisfaction of the government, who is the appropriate authority in this regard,' the court observed.
A division Bench held that the issue had been dealt by CAT in the correct perspective and the finding and reasoning stated in the order was not liable to be intercepted. The Bench issued the order on the petition filed by Senkumar challenging the CAT order. Senkumar contended that he had been displaced from the post in violation of the guidelines issued by the Supreme Court and in violation of Section 97 (1) of Kerala Police Act.
The Bench observed that the understanding of the petitioner that a consultation was necessary with the security commission before his displacement is not correct or sustainable. "No such consultation was ever made when the petitioner was appointed to the post of state police chief and no panel of names/candidates was prepared to assess the comparative merits," the Bench observed.
The order made it clear that it is for the state to appoint any DGP of their choice, subject to merit and eligibility as mentioned in Section 18 of the Act. 'It can never be stated as an instance of 'malafides' or due to the change in the ruling front.