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HC adjourns PIL hearings on SPs' transfers
September 26, 2005 16:38 IST
The Patna High Court on Monday adjourned the hearing of two Public Interest Litigations challenging transfer of 17 Indian Police Service officers bypassing the Chief Secretary and Governor Buta Singh's controversial letter to Railway Minister Lalu Prasad seeking favour for a railway officer, for October 24.
A division bench comprising Chief Justice J N Bhatt and Justice Shashank Kumar Singh posted the hearing on the two PILs for October 24 on the prayers of the counsels of state and central governments seeking time to file affidavits.
Advocate General Shashi Anugraha Narayan filed affidavits on behalf of advisor to the governor Arun Pathak and the then Home Secretary A K Biswas.
In the affidavits, the two refuted the petitioner's contention that Chief Secretary G S Kang was bypassed in the transfer of 17 IPS officers, including the then Superintendent of Police of Siwan, Ratan Sanjay and city superintendent of Patna, Shalin, and said that the CS was very much involved in the process, but it was not mandatory for the governor to agree with all the opinions of the bureaucrats. Hence there was no violation of rules in the transfer of the SP rank officers, their affidavits said.
Separate PILs were filed by suspended Deputy Inspector General of Police Ajay Verma and one Kamta Singh challenging the recent transfer of 17 IPS officers that had prompted the CS to go on protest leave and the governor's recommendatory letter to the railway minister seeking "lucrative" posting for a railway officer Vijay P Meshram.
Though the governor has not been made a respondent in the PILs, the petitioners have sought the court's direction on his two controversial actions. The HC has clubbed the two PILs and is holding a joint hearing.
The court had, on September 12, issued notices to the centre and state governments, advisor to the governor Arun Pathak, CS and the then Home Secretary A K Biswas in both the PILs.