T. P. Senkumar IPS – Appellant
Versus
Union of India – Respondent
JUDGMENT
Madan B. Lokur, J.
1. The appellant –
Dr. T.P. Senkumar -is said to be an outstanding officer in the Indian Police Service and in view of his meritorious record and service, he was appointed as the Director General of Police & Head of Police Force (the State Police Chief) in terms of Section 18 of The Kerala Police Act, 2011 (for short “the Act”) on 22nd May, 2015.
2. Section 97 of the Act mandates that the State Government shall ensure a minimum tenure of two years for the State Police Chief. However, the State Police Chief could be transferred out before completion of the tenure if the State Government is prima facie satisfied that it is necessary to do so, on certain grounds specified in sub-section (2) of Section 97 of the Act. We are concerned with clause (e) thereof relating to causing “serious dissatisfaction in the general public about efficiency of police in his jurisdiction.”
3. Ordinarily therefore, the appellant’s tenure as State Police Chief should have continued till 21st May, 2017 and even thereafter till his superannuation sometime in June, 2017. However, the tenure was cut short and he was transferred out as Chairman and Managing Director of the Kerala Poli
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