LAW FOR ALL

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.” = 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. - In any event, if we are asked to choose between leaning in favour of the State or the citizen, we would certainly lean in favour of the citizen and give him or her benefit of the doubt = 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. .