Supreme Court dismissed a PIL filed by Abu Sohel, West Bengal lawyer which challenged Rule 6(1) Indian Police Service ( Cadre) Rules, 1954 which gives centre an overriding power over state in matter of transfer of IPS cadre.
Justice L Nageshwar Rao and S Ravindra Bhatt dismissed the plea reading section 6(1)
6(1 ) A cadre Officer may, with the concurrence of the state government or the state governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by the Central Government or by another State Government.
Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government”
Petitioner claimed that the rule is violative of right to dignity under right to life Article 21.
Further, it has been pressed that there is a dichotomy between Rule 5(1) and Rule 6(1). Rule 5(1) requires allocation of officers to the various cadres to be made by the Central Government in consultation with the State Government or concerned by concurrence.
The petitioner also contended that the rule is violative of article 14 on the grounds of unreasonable classification and manifesting arbitration.
The impugned rule creates unjustifiable and illegal deviations form intent of our constitutional makers to create harmony between centre and state and to boost up the relation of centre state which is a paramount requirement in order to create a welfare state. Petition contended.
“That in 2001, the infamous and ugly spat took place between the Centre and the Government of Tamil Nadu when the Centre decided to call back three IPS officers from state of Tamil Nadu”, it is pointed out.