Dr. Tp Senkumar Ips vs Union Of India And Ors

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.

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 Police Housing and Construction Corporation Ltd. on State deputation basis by an order dated 1st June, 2016.

4. The appellant challenged his displacement by filing a petition in the Central Administrative Tribunal, which was dismissed. He then preferred a writ petition in the Kerala High Court challenging the order of the Central Administrative Tribunal. The Division Bench hearing the writ petition dismissed it by the impugned judgment and order dated 25th January, 2017. It is under these circumstances that the appellant is now before us.

7. In the course of its judgment, this Court referred to a research paper titled “Political and Administrative Manipulation of the Police” published in 1979 by the Bureau of Police Research and Development. The research paper contained a caution to the effect that excessive control by the political executive and its principal advisers over the police had the inherent danger of making the police a tool for subverting the process of law, promoting the growth of authoritarianism and shaking the very foundations of democracy. We may add that one of the findings in the research paper is “The present predicament of Police is that they have been exposed to a two pronged pressure vertically from the Administration and laterally from the politicians.”[2] With these two pressures, the independent functioning of the police can and sometimes does get compromised at the hands of very important persons and those claiming proximity to very important persons.

11. Another significant direction given was that the State Government shall select the Director General of Police of the State from amongst the three senior-most empanelled officers keeping in mind their length of service, very good record and range of experience for heading the police force. It was directed that the Director General of Police should have a minimum tenure of at least two years irrespective of his date of superannuation. It was further directed that the Director General of Police may be relieved of responsibilities by the State Government acting in consultation with the State Security Commission on certain specified grounds. All these directions were given by this Court so as to insulate the police from external pressures and maintain the rule of law and not of persons.

17. It will be seen from the above that some of the directions given by this Court were not accepted by the Kerala Legislature in enacting the Act. Among these was the direction regarding the binding nature of the recommendations of the State Security Commission and the direction relating to the Director General of Police or the State Police Chief being relieved of responsibilities by the State Government acting in consultation with the State Security Commission. Consequently, in the selection or removal of the Director General of Police or the State Police Chief, the State Security Commission has no role to play under the Act. In a sense therefore, an important element in the spirit of the judgment of this Court was not accepted by the Kerala Legislature, namely that of making the State Police Chief accountable only to the rule of law nor did the Kerala Legislature accept the warning of the Bureau of Police Research and Development against excessive control over the police by the political executive and its principal advisers.

21. The facts leading up to the tragedy are summarized in a Note dated 13th April, 2016 by the Additional Chief Secretary (Home) with regard to what is now known as the Puttingal Temple tragedy. The Note of the Additional Chief Secretary (Home) is comprehensive and is based on reports received from:

22. The Note records that the Temple Administration Committee sought permission for a display of fireworks but this was declined by an order dated 8th April, 2016 by the Additional District Magistrate, Kollam. The officer declined to grant any permission either for display of fireworks or competitive fireworks. While declining to grant permission, the Additional District Magistrate, Kollam specifically instructed the Commissioner of Police, Kollam City to ensure that no violation of the order takes place.

23. The Circle Inspector of Police, Paravur was present at the site of display of fireworks and the tragic incident. It was reported that the officer “repeatedly asked the temple authorities to stop the display of fireworks” but obviously to no effect. It appears that before the fireworks display started, the temple authorities informed the Circle Inspector of Police that a sanction order from the Additional District Magistrate was on the way but he failed to verify this from the District Magistrate.

27. The Note dated 13th April, 2016 appears to have been placed before the Chief Minister of the State on 14th April, 2016 but he did not pass any order thereon and the file was returned only after the elections to the Legislative Assembly were over in May 2016. However, what is of significance, as far as the present appeal is concerned, is that the appellant was not found blameworthy in any manner whatsoever – it is only the three police officers at the field level in Kollam City, Chathanur and Paravur who were found to be at fault and their suspension and transfer was recommended.

32. On 28th April, 2016 another terrible incident occurred, namely, the brutal murder of a young Dalit girl Jisha within the jurisdiction of the Kuruppumpady police station. On 3rd May, 2016 the appellant sent a communication to the Additional Chief Secretary (N/C) giving the details of the crime and the initial investigation. The communication reads as follows:

37. On the same day, that is on 26th May, 2016 the Additional Chief Secretary (Home) put up a second Note to the Chief Minister and this was on the Jisha murder case. In the second Note, there is a reference to a report made by the Director General of Police (Senkumar) on the Jisha murder case. The only allegation made in the second Note is that the report of the Director General of Police is silent on the issue why no action was taken against certain officers who had delayed the recording of the First Information Report in the Jisha murder or the delay in forwarding the First Information Report to the concerned Magistrate. It is also alleged that the report of the Director General of Police is completely silent on the callous handling of the scene of crime and the initial investigation steps. The second Note then goes on to highlight certain contradictions between the report of the Director General of Police, the First Information Report and the First Information Statement. We make no comment on this at all since this is a matter that might come up during the trial.

57. As a replacement, the appellant suggested Gopakumaran Nair and Radhakrishnan, but the Additional Director General of Police (Crimes) (investigating the Puttingal Temple tragedy) wrote to the appellant with a copy of the letter to the Home Secretary requesting that Gopakumaran Nair should not be transferred since he was part of the team investigating into the tragedy. Similarly and for the same reason, the Additional Director General of Police (Crimes) objected to Radhakrishnan being appointed as the Assistant Commissioner of Police, Chathanur. Eventually, Velayudhan Nair was posted as the Assistant Commissioner of Police, Chathanur. The conclusion drawn by the Home Secretary was that placing Gopakumaran Nair (or Radhakrishnan) as the Additional Commissioner of Police, Chathanur would put him under the jurisdiction of the Commissioner of Police, Kollam City, whose role was under investigation and therefore “these circumstances were reasonable enough for presuming an undesirable motive” of the appellant.

47. Feeling aggrieved by the decision of the Central Administrative Tribunal, the appellant preferred a writ petition in the Kerala High Court being O.P. (CAT) No. 205 of 2016. This writ petition was heard and decided by a Division Bench of the Kerala High Court and by the impugned judgment and order dated 25th January, 2017 it was dismissed. Unfortunately the counter affidavit filed by the State (if any counter affidavit was at all filed) is not on our record.

80. We are therefore clearly of opinion that the removal or displacement of any senior level officer from a tenure appointment must be for compelling reasons and must be justified by the concerned authority, if called upon to do so, on material that can be objectively tested. This is what the rule of law expects and this is what Section 97 of the Act expects

- the law must be faithfully implemented in a purposive manner.

Discussion on facts

95. We are also a little disturbed with the view expressed in the detailed counter affidavit and elsewhere that the appointment of the appellant was irregular if not illegal. If that is so and the State Government of Kerala is bent upon making irregular or illegal appointments to sensitive posts, then no one can help God’s own country.

Conclusion

96. On an overall consideration of the material on record and considering the case in its proper perspective, that is the events post the Puttingal Temple tragedy and the Jisha murder and not the two tragedies themselves, we have no hesitation in concluding that the appellant has been unfairly and arbitrarily dealt with. Under the circumstances, we are compelled to set aside the judgment and order of the Central Administrative Tribunal, the impugned judgment and order of the High Court as well as the order dated 1st June, 2016 and direct the State of Kerala to reinstate the appellant Dr. T.P. Senkumar as the State Police Chief.

97. The appeal is allowed.