Madras HC upholds quashing of DSP's first category transfer

CHENNAI: The Madras High Court upheld the quashing of the transfer of a deputy superintendent of police from the armed reserve to the first category who was serving as the personal security officer of the then-late Chief Minister J Jayalalithaa by relaxing police service rules, stating that the move would have demoralised meritorious candidates.

Appellant Muthu Manickam entered the police service in 1997 under the armed reserve (second category) and was later appointed as a PSO to the then Chief Minister J Jayalalithaa. In the same period, he moved for a transfer to become a first-category officer. The State, in 2014, exercised its power under Rule 48 of the General Rules for the Tamil Nadu State and Subordinate Service Rules to enable Muthu's transfer to the first category.

Upset by the order, the candidates appointed in the first category police service through merit moved a petition in the HC.

On March 11, 2015, a single judge held that the promotion was unsustainable and observed that the service rules were relaxed only on the ground that he had worked as PSO to the Chief Minister and set aside the transfer.

Aggrieved by the single judge order, Muthu moved the appeal to quash the order on his transfer. On his behalf, senior counsel SR Rajagopal submitted that his client is entitled to seek a transferral of his service, which is permissible under Rule 10 of the Tamil Nadu Police Service, and his representation was consistent based on his exemplary service in the department.

A division bench of Justices R Subramanian and G Arul Murugan held that the appellant, who had high prominence with the higher officials given the placement he had, was allowed and also posted as deputy superintendent of police (DSP) in taluk police (first category) without following the mandatory requirements and dismissed the appeal.

Even though the appellant was less meritorious and entered the armed reserve (second category), he was able to march over all the 500 directly recruited open market candidates and 270 in-service candidates and got placed above them. This act of the State will demoralise the meritorious 770 police officers, added the bench and upheld the single-judge order.