Kochi: Even as the Central Government found illegality in the removal of T.P. Senkumar from the post of state police chief, the state government on Friday informed the Central Administrative Tribunal that he had put the government in an embarrassing situation in the investigation in the Puttingal temple tragedy and the Perumbavur murder case.
Appearing for the central government, N. Anil Kumar submitted that the guidelines issued by the Supreme Court in Prakash Singh case were not followed in his ouster. He further submitted “the guideline stated that once the DGP has been selected for the job, he should have a minimum tenure of at least two years irrespective of his superannuation.” There was no specific reason to remove him from the post. The centre is yet to file a statement before the court.
Senkumar was transferred to the post of Chairman and Managing Director, Kerala Police Housing and Construction Corporation, on state deputation basis. He is the seniormost IPS officer in Kerala cadre of 1983. The new DGP is of 1985 batch and junior to him. According to the state, in the Puttingal case, Senkumar the then DGP, was reluctant to take action against the police officer who acted irresponsibly. He took an attitude of safeguarding the delinquent officers.
He tried to whitewash the police at the expense of other departments. The manner in which the police officers proceeded with the investigation of Permubavur murder case is an everlasting shame to the state police, the state submitted. Defending the removal of Senkumar, the state submitted that the seniority alone was not the criterion for the appointment of the police chief. As per Section 97 (2) of the Kerala Police Act, the government has the power to transfer any police officer, including state police chief, before completing the normal tenure of two years.
The transfer of the applicant has no relation or connection either with the change of government or with the LDF government coming to power. The state was convinced on reports, information and materials received about the inefficiency of Senkumar as a leader of the state police. The present decision is not at all a reduction of rank and transfer is not a punishment under Rule 6 of All India Services (Discipline and Appeal) Rules, 1969. |The CAT adjourned the case to July 1.
The government decided to replace the applicant from the post of state police chief following the directives of the Supreme Court. It also pointed out that when Senkumar was appointed as police chief, the Supreme Court directives were not complied with. No committee was constituted and he was also appointed superseding his senior Maheshkumar Singla.
