LAWS(CA)-2014-6-10

VIPUL VIJOY Vs. STATE OF GUJARAT

Decided On June 12, 2014
Vipul Vijoy Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS OA has been filed by Vipul Vijoy under Section 19 of the Administrative Tribunals Act, 1985, to

(2.) THE Applicant, a member of the Indian Police Service (IPS, in short), borne on the Gujarat Cadre worked in various capacities and reached the rank of Additional Director General of Police (ADGP, in short). In 2009, he was selected for Central deputation and after serving as Joint Secretary, Cabinet Secretariat was repatriated to the State in May 2013. He was then appointed as ADGP (Training) with effect from 24.06.2013 vide order dated 21.06.2013 (Annexure A/1). He was also given the additional charge of the post of ADGP (Prevention of Atrocities on SC, ST and Weaker Sections) and ADGP (Human Rights). Thereafter vide notification dated 15.02.2014 (Annexure A/2), he was transferred and appointed in the ex -cadre post of ADGP (Technical Services) by upgrading the ex -cadre post of IGP (Technical Services), that is, within 7 months.

(3.) THE Applicant has submitted that in his repeated requests to the Respondents for cancellation of his transfer, he stated that he had been transferred to an ex -cadre post in lower rank which did not carry the protection available to cadre posts, but the Respondent No. 2 vide letter dated 19.03.2014 again directed him to handover charge of ADGP (Training) to Mr. T.S. Bisht (Annexure A/4). The Applicant had been humiliated by the above transfer to an ex -cadre post (after upgradation) which was done without any cause or circumstance and that no other officer had been transferred or appointed to the post held by him.