COMMISSIONER OF POLICE Vs. R D MITTAL

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India seeks to impugn the order of the Central Administrative Tribunal (CAT) dated 6/3/1998 in terms whereof an application filed by the respondent No.1 herein against his transfer in the post of an Assistant Commissioner of Police (ACP) was held to be bad in law on account of lack of allocation of authority in the Commissioner of Police to carry out such a transfer. The substratum of the disputes is as to whether powers of transfer in case of an ACP, vests with the Commissioner of Police, Delhi or with the Lieutenant Governor as Administrator. We may note that respondent No.1 has since passed away and his legal heirs have been brought on record. The matter has however been prosecuted by the Commissioner of Police on account the important question of law which arises for consideration, the Lieutenant Governor having been impleaded as respondent No.2.

(2.) In order to understand the controversy, it is to be noted that The Delhi Police Act 1978 (hereinafter referred as the said Act) was enacted by the Parliament and brought into force w.e.f. 1.7.1978. Some of the salient sections of the Act germane for determination of the controversy are as under:-

(3.) The aforesaid provisions thus clearly support the plea of the Delhi Police Force that under the Act there has to be one police force for the whole of Delhi under the directions and supervision of the Commissioner of Police to be appointed by the Administrator.