High court quashes transfer of Baijnath SDPO, flags political overreach
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Shimla, July 8,
The Himachal Pradesh High Court has quashed the transfer order of Anil Kumar, Sub-Divisional Police Officer (SDPO) Baijnath, observing that his transfer was made in violation of statutory procedures and hinted at the possibility of extraneous influence, including political interference.
Justice Sandeep Sharma, in a strongly worded judgment passed today, noted that the state government failed to comply with Sections 12 and 56 of the Himachal Pradesh Police Act, 2007, which require a minimum two-year tenure for SDPOs and involvement of the Police Establishment Committee in transfer decisions.
The petitioner had challenged the government’s transfer order dated December 24, 2024, which reassigned him to the Police Training College in Daroh, only a few months after his posting in Baijnath. Senior counsel for the petitioner contended that the transfer followed the issuance of a challan by Anil Kumar against the son of the area’s MLA, suggesting clear political motive.
Though the court refrained from affirming the allegation of political interference, it observed that the state failed to show any administrative exigency or recommendation by the Police Establishment Committee, as mandated under the law. “The transfer appears to have been passed for some extraneous reasons,” the court held.
While the state argued the transfer was routine and administrative, the court dismissed this as “untenable” in absence of due process. “Even if presumed to be on administrative grounds, no justification or committee recommendation exists,” Justice Sharma noted.
Setting aside the transfer order, the court restored the status quo ante as of January 3, 2025, allowing Anil Kumar to resume duties in Baijnath.
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