Team  SoOLEGAL

BIHAR GOVT. HELD ACCOUNTABLE BY DELHI HIGH COURT FOR INFRINGING IAS OFFICERS'S LIFE AND LIBERTY

Team SoOLEGAL 5 Jul 2019 12:00pm

BIHAR GOVT. HELD ACCOUNTABLE BY DELHI HIGH COURT FOR INFRINGING IAS OFFICERS'S LIFE AND LIBERTY

Targeted by the state govt. for his honest endeavor against the state mafia, Delhi high court comes to the aid of an IAS officer. The inter-cadre transfer of an IAS officer on the basis of a poorly constructed Intelligence Bureau Report and for causing constant victimization despite there being a threat to his life and liberty was the accusation on the IAS officer. The Delhi high court bench consisting of Justice Jyoti singh and Justice Vipin Sanghi criticized the state government for the same.

The present case unfolds by falsely implicating the IAS officer in a corrupt case by the Vigilance Bureau of Bihar for fighting against the transport mafia in Bihar. Being acquitted of his corruption charges, the IAS officer sought an inter-cadre transfer to Haryana under rule 5(2) of IAS cadre rules, 1954, citing threat to his and his family's life and liberty. He earlier asked for a bodyguard which was not provider by the state govt. The central govt. denied his request on the basis of an Intelligence Bureau report which concluded the absence of any threat. He then filed an application, challenging the same before the Central Administrative Tribunal. The tribunal ordered the central government to reconsider the request. The state govt. was also directed to send its consent for the transfer to the central government. Instead of sending consent for the inter-cadre transfer the state govt. send consent for central deputation. It was then rejected by the latter on the basis of ineligibility of the candidate, thus the petition to the Delhi High Court.

The Delhi High Court thus envisaged that the Intelligence bureau Report on which the state govt. relied was far moved from the actual facts and had made an error. The report was made on the basis of inquires made about any complaint filed by the officer for an actual attack and the same is an unreasonable and an absurd methodology to access threat perception. The Delhi High Court laid down " Threat assessment has to be undertaken on the basis of a recent past incidents, and its assessment has to be done by those assigned the task on a rational basis, by taking into account all the relevant and germane circumstances and the past incidents."

The court also noticed the infringing of the officers life and liberty with an undermining history of handling his requests. He was not paid his salary, allowances or arrears, and his APAR rating was also brought down considerably. By sending consent for central deputation rather than the inter-cadre transfer, the state government, tried to bypass the tribunal's order knowing the same would be rejected by the central government, on the basis of ineligibility of the candidate.

 

 

The court said, "The right to life and liberty is the most precious fundamental right because, if the right is not protected, all others will be meaningless. Can we shut our eyes to the situation on hand, and let the situation come to a stage, when an outward incident actually occurs and, God forbid, harm is caused to the officer or to his family? In our view, if we do not act in such a case where the facts cry out for help, we would be failing in our constitutional duty."

 By opining the right to life and liberty of the officer, the court ordered the state government, to pay a compensation of Rs 5 lacs as Article 21 of the Constitution of India is the most sacred fundamental right. Thus, grant of compensation under Article 226 for violation of the fundamental right under Article 21 is an exercise which the High Court can undertake under Public Law jurisdiction, for penalizing the wrongdoer and fixing the liability of a State, which has failed to discharge its public duty to protect its officer and fundamental rights.

Also the consent for the central deputation by the state government shall be deemed as the consent for the interstate-cadre, the court ordered.

Tagged: JusticeJyotisingh   JusticeVipinSanghi   delhihighcourt  
Did you find this write up useful? YES 0 NO 0
Send
Digital Payment Systemview all

Active Members

Have you activated yours ?

New Members view all
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.