SC junks plea challenging provision on deputation of IPS cadre officers

The Supreme Court Monday junked a petition challenging a provision of Indian Police Service (Cadre) Rules which confers powers on the Central government to override decisions of states on transfer and deputation of IPS cadres. A bench of Justices L Nageswara Rao and S Ravindra Bhat dismissed the petition filed by advocate Abu Sohel seeking quashing of Rule 6(1) of Indian Police Service (Cadre) Rules, 1954 as it violates the Constitution.

The plea said that several instances have come where the Central government and states were at loggerheads due to arbitrary invocation of the Rule.

Rule 6(1) of Indian Police Service (Cadre) Rules relates to Deputation of cadre officers and states that "a cadre officer may, with the concurrence of State government or the 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 Centre or by another State government.


"Provided that in case of any disagreement, the matter shall be decided by the Central government and the State government or State governments concerned shall give effect to the decision of the Central government." the rule states.

The petition said. "Rule 6(1) of Indian Police Service (Cadre) Rules, 1954. creates unjustifiable and illegal deviation from intent of our Constitutional makers to create harmony between Centre and State and to boost up the essence of Centre-State relations which is a paramount requirement in order create a welfare state."