Police transfers heading for Centre-State row?

By Our Tamil Nadu Bureau

CHENNAI, JULY 28. With the Tamil Nadu Government taking the stand that it is not able to ``spare the services'' of the senior police officers who have been appointed to positions in New Delhi, the issue is clearly acquiring the dimensions of a Centre- State confrontation.

The Central Government seems to be relying on the ultimate over- ruling powers vested with it under the Police Service Rules, while making these appointments without seeking the State's `concurrence'. The Indian Police Service (Cadre) Rules, 1954, says that a cadre officer ``may, with the concurrence of the State Government or 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''.

But this also has a proviso, which says ``in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments shall give effect to the decision of the Central Government''.

Based on these two clauses, some officers argue that the State's `concurrence' is essential and others take the line that it being a Central service, the Centre has the final word.

Late on Friday night, the Centre faxed the orders appointing three senior IPS officers - the Chennai Police Commissioner, Mr. K. Muthukaruppan, the Joint Commissioner, Mr. S. George, and the Deputy Commissioner, Mr. Christopher Nelson, - to posts in the Cabinet Secretariat in New Delhi. They were part of a group of police officers named by the DMK in the ``arrest drama'' of its leader, Mr. M. Karunanidhi, and the two Union Ministers on June 29/30. The Centre's communication, sent to the Director-General of Police and the Chief Secretary, said the Government of India had ``approved'' the appointment of the particular officer to a position in the Cabinet Secretariat.

Senior officials of the State administration, after a round of consultations, are now busy ``drafting'' a ``suitable reply'' to the Centre. Though nobody is prepared to comment, it is clear the State Government is taking a ``serious view'' of the Centre's move, which the administration here feels ``interferes with the State's powers''.

Besides wanting to retain these officers in the ``public interest'', the State could also want them to stay on for the Raman Commission of Inquiry which is going into the alleged ``police excesses'' during the arrests. It is open to the `affected' officers to approach the Central Administrative Tribunal challenging the transfer on grounds of its being mala fide.

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