Mumbai Police v Rajendrakumar Trivedi: Cops submit 'evidence' to HC

A sealed envelope has saved the day for Mumbai police locked in a contentious battle with Assistant Commissioner of Police ACP Rajendrakumar Trivedi over his transfer orders by the police chief last year The envelope apparently containing confidential material pertaining to Trivedi was presented in the Bombay High Court on Tuesday swinging the battle in favour of the policeAfter perusal of the confidential report the court granted interim relief to the Mumbai Police against the Maharashtra Administrative Tribunal MAT order that had quashed Police Commissioner Subodh Kumar Jaiswals order to transfer TrivediAssistant Commissioner of Police ACP Rajendrakumar TrivediOn January 1 2017 Trivedi was posted as ACP Sion In August however he was transferred to the Local Arms Unit LA Irked with transfer orders Trivedi moved the MAT on two counts the Mumbai Police commissioner has no powers to transfer an officer of Trivedis rank and that he could not be transferred without completing the two years tenure The MAT subsequently quashed the transfer orders and instructed the police administration to reinstate Trivedi as ACP SionMAT judicial member A P Kurhekar while quashing the transfer orders had observed that the contention raised by police department is misconceived and not acceptable adding Respondent No 3 commissioner who is not authorised in law to do so has issued transfer order and the competent authority to transfer an ACP is the Home MinisterHowever the city police administration decided to appeal against the tribunal order and a petition was filed in the Bombay High Court During the hearing senior counsel for the Mumbai Police Anil Sakhare claimed that according to provisions in the Maharashtra Police Act 1951 under exceptional circumstances and on account of public interest and administrative exigencies a competent authority is empowered to effect a midterm transferSakhare said The police had some material against the ACP which called for an immediate transfer The transfer was even approved by the Police Establishment Board PEB and Chief Minister Devendra Fadnavis who also holds the home department portfolio The original file for the same was placed before the HCTrivedis counsel Makarand Lonkar said that action should not be taken on account of certain adverse material The tribunal had held that this should not be done without following the principles of natural justice he saidWill appeal against HC orderAccording to the Maharashtra Police Act 1951 the normal tenure of an officer of ACP rank or deputy superintendent of police is two years at each posting and a competent authority to issue transfer orders for IPSrank officers is the home minister Early transfer is allowed if disciplinary proceedings are instituted or contemplated against the personnel if heshe is convicted by a court of law if there are allegations of corruption against the officer or if the personnel is guilty of dereliction of dutyThe MAT order clearly states that rules were not followed while issuing transfer orders I will appeal against the HC order in the Supreme Court Trivedi said Advocate Rajkumarlaxman Rajhuns claimed that the transfer order was issued first and permission from appropriate authority was taken later Had there been such urgency the department could have asked the officer not to report to work for a certain period instead of taking post facto approval for transfer he saidHowever when contacted Mumbai Police PRO DCP Manjunath Shinge said The decision to transfer Trivedi was taken by adhering to set procedures and rules and it was necessitated by administrative exigencies The honorable High Court too has endorsed the view of the Establishment BoardCatch up on all the latest Mumbai news crime news current affairs and also a complete guide on Mumbai from food to things to do and events across the city here Also download the new midday Android and iOS apps to get latest updates