Despite police board, government retains grip on transfers

The RTI data shows that the CM rejected the PEB’s recommendation in nine transfer cases in 2016. (File)

DESPITE A Supreme Court ruling to all states to “normally accept” the recommendations on transfers and postings of policemen made by the Police Establishment Board (PEB), records obtained by The Indian Express under the Right to Information (RTI) Act show that CM Devendra Fadnavis had set aside PEB recommendations in nine cases.

To avoid political interference in police transfers, the Supreme Court had earlier directed all states to constitute PEBs — comprising senior police officials and headed by the additional chief secretary (home) — for dealing with promotions, transfers and service-related matters of police personnel. It had directed the state government to “give due weightage to PEB recommendations and normally accept these”. The SC, giving its verdict in a PIL by former DGP of Uttar Pradesh Prakash Singh, had in 2006 ruled that the government must give due weightage to PEB’s recommendations and normally accept them. While permitting the “state government to interfere in exceptional cases”, the apex court had ruled that the “government will have to record reasons for doing so”.

The RTI data shows that the CM rejected the PEB’s recommendation in nine transfer cases in 2016. For instance, while the PEB had recommended posting Yashasvi Yadav (IPS batch 2000), who had returned from deputation in UP, as DIG (Maharashtra State Security Corporation), Fadnavis posted him as Additional Commissioner of Police (Administration) in Thane, without recording any reason.

The CM also cancelled recommendations for the posting of two officers, and exchanged the posts between them. ACP Pune City Pournima Chougule’s transfer as Additional Superintendent of Police, Nandurbar was changed to DCP of the Anti Terrorism Squad in Mumbai. Prashant Waghunde, ACP Nashik City, went the other way with the CM sending him to Nandurbar, as opposed to his recommendation as DCP, ATS Mumbai, by the PEB. When contacted, Fadnavis ruled out any political interference, stating that all the transfers “were (as per proposals) put up by the (home) department only.”

The RTI data further suggests that the CM transferred 47 IPS officers between January 1, 2016 and August 31, 2017, without the PEB recommendation.

A PEB member questioned the RTI record. “To the best of my knowledge, the PEB meet has been held for most transfers,” he said, adding, “In April-May last year, there were major transfers which the PEB recommended, but they are not reflected in the records.” When contacted, the CM contested the record and said he would need to check the records to respond.

Acting on the SC directives, the previous Congress-NCP government had on February 1, 2014, modified the Maharashtra Police Act constituting PEBs at various levels. The Maharashtra Police Act states “transfers and postings are to be made on PEB recommendations. They have to originate from the board before the government acts on it. A transfer order not preceded by such recommendations is void ab initio”. However, after taking over in October 2014, the BJP government introduced a proviso stating that “in case of serious complaints, irregularities, law and order related questions, the chief minister is authorised to transfer a police officer without any recommendation from the PEB.”

K L Bishnoi (IPS batch 1985), was transferred as Additional DG (Maharashtra State Security Corporation), without PEB recommendation, the data shows. The RTI reply also did not have any record of a PEB meeting in the case of Jaijeet Singh (1990) who was transferred as the ADG Maharashtra Police Housing Corporation. Sources, however, said that transfers of ADG and DG-rank officers are usually conducted by the state without holding PEB meetings, since members of the board are of the same rank and their involvement may be seen as possible conflict of interest.

The RTI brought out another trend in 2017, that of the PEB repeatedly changing its own recommendations, in one case as many as three times for a single officer. On January 3, for instance, the PEB recommended the then Joint Commissioner (Pune city) Sunil Ramanand (IPS batch 1994) for the post of Special IG (CID, Pune). On January 6, it revised it, suggesting that Ramanand be retained as Joint CP (Pune), which was accepted. On April 21, the PEB changed its mind again, transferring him to Special IG (CID, Pune).

There were nine cases where the PEB revised its own recommendations. “Sometimes officers approach the PEB for revising their recommended posting. This is accepted in cases where the reasons are found to be valid,” a home department official said.