T. SUNEEL KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The interpretation of Section 20-B of the Karnataka Police (Amendment) Act, 2012, falls for consideration, in these two petitions. Therefore, they are taken up for consideration together and disposed of by this common order. The facts in W.P. No. 13995 of 2013 is as under:

(2.) The 3rd respondent entered appearance, filed his objections and contested the application. He has stated that he has meritorious, outstanding and unblemished service and he has made sacrifice for upholding the dignity and discipline in the police force and in bringing down the terrorists, naxalites and rowdy elements and rowdy activities in the cities and towns wherever he was posted. He has received the appreciation of his superiors and common public. The post of IGP and Commander, Anti Naxal Force is a tough post to which several officers of IPS cadre had refused to accept. When he was posted to the said post he had to leave his family at Bangalore as there was constant threat of harm being caused to his family owing to risk involved in his duty. After he took charge at Udupi, he led the force from the front and conducted several major operations in the dense forests of the Western Ghats to bring down the Naxalite Activities. In a major operation, a major Naxal camp was raided in the forests of Western Ghats. In fact, one of the stipulations while posting him to the said post was, after successful completion of one year, he would be entitled to a reasonably good posting and accordingly as he has completed one year seven months in the said post, he was posted in place of the petitioner herein. Therefore, he contended that there is no illegality in the order of transfer.

(3.) The State has filed Statement of Objections. After traversing the factual aspects, coming to the legal aspects, the State has stated that in view of the directions given by the Hon'ble Supreme Court of India in the Writ Petition (Civil) No. 310 of 1996 in the judgment dated 22-9-2006, the State Government of Karnataka constituted the Police Establishment Board (PEB) on 24-8-2009 itself. Later as the Karnataka Police (Amendment) Act, 2012 came into force with effect from 2-6-2012, the Police Establishment Board (PEB) was reconstituted on 23-6-2012 and 14-2-2013. Since its constitution, the Board has not hitherto recommended regarding the posting and transfers of IPS Officers. Such being the case, the Government in order to attend to the need of the day in view of the administrative exigencies, has effected the subject transfers. The list of dates on which the Police Establishment Board (PEB) has functioned is enclosed. The last meeting of the PEB was held on 28-11-2012.