Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Government Approval for Reassigning Police Personnel - Changing police personnel to the finance department or reallocating them to other departments requires prior approval from the relevant government authorities, including the Finance Department and the Personnel and Administrative Reforms Department, along with the approval of the Council of Ministers. This ensures proper administrative and financial oversight before such changes are implemented. ["[The Greater Chennai Police vs Union of India - Madras"]], ["[T.Pothi Madhavan vs The State of Tamil Nadu - Madras"]], ["[Radhey Shyam Sharma VS State Of Bihar - Patna"]], ["[G.S.RAVI KUMAR Vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"]]
Necessity of Concurrence and Compliance with Government Orders - Several cases highlight that without the explicit concurrence of departments like Finance and Personnel, and without formal government orders or resolutions, such transfers or reassignments are considered invalid. For example, before issue of the said letter concurrence of the personnel and Administrative Reforms Department and Finance department as also the approval of the Council of Ministers had not been obtained ["[Radhey Shyam Sharma VS State Of Bihar - Patna"], and similarly, the Animal Husbandry Department has not taken prior approval of the Personnel and Administrative Department, nor Finance Department, nor the concurrence of the Cabinet ["[Radhey Shyam Sharma VS State Of Bihar - Patna"].
Formal Government Orders (G.O.) are Essential - The transfer or reallocation of police personnel, or any departmental personnel, must be backed by specific government orders (G.O.) that are issued following due approval processes. For instance, the present 'orders to serve' for the provisionally allocated personnel, were in accordance with the G.O.Ms.No.31 Finance (HR.I-Plg. & Policy) Department ["[G.S.RAVI KUMAR Vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh"], and G.O.Ms.No.61, dated 13.09.2022 was issued for reallocation in Tamil Nadu, indicating formal approval processes.
Implication of Non-Compliance - Making transfers or reallocations without adhering to the proper government approval process can lead to legal challenges, as seen in references where departments or personnel challenge the validity of such actions due to lack of prior approval or proper concurrence ["[The Greater Chennai Police vs Union of India - Madras"], ["[T.Pothi Madhavan vs The State of Tamil Nadu - Madras"], ["[Radhey Shyam Sharma VS State Of Bihar - Patna"].
Analysis and Conclusion:Changing police personnel to the finance department or reallocating them across departments requires a formal government order following due approval from the relevant departments, including the Finance Department and Personnel and Administrative Reforms Department, and approval by the Council of Ministers. Any unilateral action without these approvals is invalid and subject to legal scrutiny. Proper adherence to established administrative procedures ensures lawful transfer and reallocation of personnel.
In government service, transferring personnel across departments like from police to finance can raise complex legal questions. A common query is: changing the police personnel to finance department requires government GO? The short answer is yes—typically, such transfers demand a formal Government Order (GO) backed by structured approvals. This blog dives into the legal framework, processes, and precedents to clarify this issue, drawing from service rules and case insights. Note: This is general information, not specific legal advice. Consult a lawyer for your case.
Transfers of police personnel are governed by administrative rules, service regulations, and state-specific policies. Authority usually lies with the State Government or competent bodies, exercised via formal orders. Key principles include fairness, merit, and suitability.
Without proper adherence, transfers risk judicial challenge, as seen in cadre creation cases requiring Personnel and Finance approvals Radhey Shyam Sharma VS State Of Bihar - 1990 Supreme(Pat) 454.
The process is rigorous to ensure legality and transparency. Here's how it unfolds:
The police department submits a proposal justifying the transfer, personnel details, and needs. For example, the Police Department sought approval from the Personnel Department to continue the process of recruitment and transfer of personnel Kunal Sanjay Naik VS State of Goa, Through Its Chief Secretary - 2019 0 Supreme(Bom) 1534.
Route through Personnel & Administrative Reforms Department, then Finance for financial implications. The creation of a basic cadre in the Animal Husbandry Service requires the approval of the Personnel and Administrative Reforms Department, Finance Department, and the Council of Ministers Radhey Shyam Sharma VS State Of Bihar - 1990 Supreme(Pat) 454. Without Finance concurrence, revisions can be invalid Shivaji Vidyapeeth Sevak Sangh VS State of Maharashtra - 2023 Supreme(Bom) 2146.
New posts in finance must be sanctioned via GO, specifying numbers, criteria, and conditions. Similar to fire service absorptions: government issued specific orders creating posts and appointing police personnel Riyaz-ud-Din Shah VS State Of J. &K. - 2005 0 Supreme(J&K) 145.
The GO details posts, personnel, effective date, probation, and benefits. It's legally binding. Mid-term transfers may occur for public interest or exigencies, per police acts State of Maharashtra VS Anuradha Subhash Dhumal - 2021 Supreme(Bom) 1275, Ashok S/o Rangnath Barde VS State of Maharashtra, through its Secretary, Home Department - 2018 Supreme(Bom) 2065.
Post-GO, handle seniority, benefits, and rules. Exceptional cases (e.g., post-dismissal) need extra scrutiny Riyaz-ud-Din Shah VS State Of J. &K. - 2005 0 Supreme(J&K) 145.
| Step | Description | Key Authority | Basis ||------|-------------|---------------|-------|| 1 | Proposal | Police Dept. | Dept. rules Kunal Sanjay Naik VS State of Goa, Through Its Chief Secretary - 2019 0 Supreme(Bom) 1534 || 2 | Personnel Approval | Personnel Dept. | Service rules || 3 | Post Sanction | Finance/CM/Governor | GO creation Radhey Shyam Sharma VS State Of Bihar - 1990 Supreme(Pat) 454 || 4 | GO Issuance | State Govt. | Art. 166 Pankaj Kumar Sarma, S/o. Sri Ramani Kanta Sarma VS State of Assam - 2022 Supreme(Gau) 604 || 5 | Execution | Dept. Heads | Compliance checks |
Selections prioritize records and willingness KOTESWARA RAO (K. ) VS STATE OF ANDHRA PRADESH BY SECRETARY, BOARD OF REVENUE (EXCISE) - Andhra Pradesh (1966). Finance roles demand financial acumen, so justification is key.
Absorb into vacancies or new posts via GO. Analogous to DRDA absorptions with Personnel and Finance nod Anirudh Jha VS State of Bihar - 2015 Supreme(Pat) 526. Ex-cadre posts need endorsements Debajit Das and Ors. VS State of Assam and Ors. - 2015 Supreme(Gau) 1226.
Finance concurrence is critical: Concurrence of the Finance Department is mandated for financial implications Shivaji Vidyapeeth Sevak Sangh VS State of Maharashtra - 2023 Supreme(Bom) 2146. Absent it, actions falter, as in pay scale disputes.
These illustrate GO's centrality. Courts quash non-compliant actions, e.g., cadre without approvals Radhey Shyam Sharma VS State Of Bihar - 1990 Supreme(Pat) 454.
Delays or laches can bar challenges Debajit Das and Ors. VS State of Assam and Ors. - 2015 Supreme(Gau) 1226.
Transferring police personnel to finance generally requires a Government Order after:- Proposal and justifications.- Personnel and Finance approvals Radhey Shyam Sharma VS State Of Bihar - 1990 Supreme(Pat) 454.- Post sanction.- Formal GO issuance Kunal Sanjay Naik VS State of Goa, Through Its Chief Secretary - 2019 0 Supreme(Bom) 1534.
Precedents reinforce transparency. States like Bihar/Maharashtra emphasize Finance role. For validity, follow merit, document thoroughly, and secure higher nods (CM/Governor if needed).
This overview draws from legal documents and cases. Processes vary by state—verify locally. For tailored advice, contact a service law expert.
Police Act, 1888 and under the relevant Government Orders of the State of Tamil Nadu as being outside the scope of the Chapter V and VA Finance Act, 1994. ... Act, 1859, The Chennai Police Act, 1888 (Formerly the Madras City Police Act, 1888) and relevant Government Order issued by the Government of Tamil Nadu. ... By its Secretary, Ministry of Finance (Department of Revenue), Room No.46, North Block, New Delhi – 110 001. 2.#HL_STAR....
a committee comprising the Secretary to Government, Adi Dravidar and Tribal Welfare Department, the Secretary to Government, Personnel and Administrative Reforms Department and the Secretary to Government in charge of the Department to which the recruitment is being made for consideration and recommendation ... The above proposition would clearly shows that if the department decides to dereserve any particular reserved vacancy, they shall make a prop....
It also appears that before issue of the said letter concurrence of the personnel and Administrative Reforms Department and Finance department as also the approval of the Council of Ministers had not been obtained.6. ... It may be mentioned that a separate counter-affidavit has also been filed on behalf of the Commissioner-cum-Secretary, Department of personnel and Administrative Reforms, Government of bihar. ... and administrative Reforms Departmeat, financ....
and Administrative Reforms Department, Finance Department and the Council of Ministers. ... It may be mentioned that a separate counter-affidavit has also been filed on behalf of the Commissioner-cum-Secretary, Department of Personnel and Administrative Reforms, Government of Bihar. ... It also appears that before issue of the said letter concurrence of the Personnel and Administrative Reforms Department and Finance Depart....
of the Finance Department. ... Even the Reference No.270/2009 dtd. 2/5/2009 of Finance Department is referred in the Government Resolution. The Government Resolution dtd. 22/11/2011 was duly acted upon by the Finance Department of the State Government. ... Without concurrence of the Finance Department a false representation is made that the Finance Department ha....
As per instructions of learned Government Pleader, It is observed that, the present “orders to serve” for the provisionally allocated personnel, were in accordance with the G.O.Ms.No.31 Finance (HR.I-Plg. & Policy) Department, daed 26.02.2022 read with G.O.Ms.No.41 Finance (HR.I-Plg. ... On the other hand, learned Government Pleader submits that the 1st respondent Government has issued G.O.Ms.No.61, Environment, Forests, Science & Technology (Sec.V) Departme....
and one senior level extended to the personnel of the Tripura Police Organization. ... personnel. ... Deb, learned counsel has submitted that even the police personnel have their own off days submitted that the police personnel do not have or do not enjoy p style="position:absolute;white-space:pre;margin
The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal ....
The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal ....
The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal Secretary, Department of Finance, Government of Jharkhand, Ranchi. ... The Principal ....
Department, Finance [PRU] Department, Personnel [B] He has also referred to the endorsement of the Secretariat Administration [Estt.] It is only in the event the post is merged into the cadre of Jr.A.A., the petitioner would have the opportunity of promotion as creation of promotional avenue is a Constitutional obligation for the State under Article 14 and Article 16 of the Constitution of India. An observation was also made therein to the effect that the Assam Secretariat Services’ Association and Assam Secretariat Computer Operators’ Association had registered their prote....
(2) In addition to the grounds mentioned in subsection (1), in exceptional cases, in public interest and on account of administrative exigencies, the Competent Authority shall made mid-term transfer of any Police Personnel of the Police Force. " (1) Police Officers in the Police Force shall have a normal tenure as mentioned below, subject to the promotion or superannuation: - (a) .... (b) for Police Constabulary a normal tenure shall be of five years at one place of posting; (c) ..... (d) ..... (e) ..... The Competent Authority for the general transfer shall be as follows, nam....
The State Government is vested with the power to transfer any police personnel prior to the completion of his normal tenure, if:- (a) disciplinary proceedings are instituted or contemplated against the Police Personnel. (b) the Police Personnel is convicted by a court of law. (c) there are allegations of corruption against the Police Personnel. (d) the Police Personnel is otherwise incapacitated from discharging his responsibility. (e) the Police Personnel is guilty of dereliction of duty. Whereas in exceptional cases, in public interest and on account of administrative exi....
It was stated that the ex-cadre post would be personal to the petitioner and would stand abolished on the petitioner getting regular promotion as Executive Engineer. When the matter was brought before the Personnel (B) Department, an endorsement dated 15-02-2005 was made by the said Department stating it had no objection to the creation of ex-cadre post in the rank of Executive Engineer subject to the condition that the post would be personal to the petitioner and that he would be encadred as soon as he would get regular promotion to the cadre of Executive Engineer. The Finance Department in....
Upon such absorbed employees retiring there would be no fresh recruitment in their place. Thus, it was a formalized decision of the Government in terms of Article 166 of the Constitution of India. This resolution of the Government was with the approval of the State Government of Personnel and Administrative Reforms as well as Finance Department.
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