Kolkata, March 31 – A division bench of the Calcutta High Court on Tuesday dismissed two public interest litigations (PILs) filed by a Trinamool Congress leader challenging the decisions of the Election Commission of India regarding the large-scale transfers of bureaucrats and police officers in West Bengal, amidst the upcoming two-phase state assembly elections.
The case was argued in court by Kalyan Banerjee, a member of Parliament from the Trinamool Congress, who served as the petitioner's legal counsel.
One of the two PILs concerned the transfers of top-level bureaucrats and police officers, including the Chief Secretary, Home Secretary, Director General of Police, Kolkata Police Commissioner, and Additional Director General (Law & Order).
The second PIL concerned the transfers of bureaucrats and police officers at the lower levels of the state's general and police administration, specifically block development officers, who also serve as returning officers and police inspectors.
On Tuesday, the Calcutta High Court's Division Bench of Chief Justice Sujoy Paul and Justice Partha Sarathi Sen dismissed the two PILs, stating that the Commission was well within its rights to transfer bureaucrats and police officers while the model code of conduct is in effect.
The division bench also rejected the petitioner's argument that such large-scale transfers, particularly at the highest levels of general and police administration in West Bengal, were deliberate, as they were not applicable in other states and territories heading towards elections.
Instead, the court accepted the Commission's argument that transfers and replacements of bureaucrats and police officers vary from state to state, as they are based on the specific ground realities in each state.
Following the announcement of the two-phase polling schedule for West Bengal on March 15, the Commission has periodically issued transfer orders for bureaucrats and police officers at various levels.
The transfer process began with top-ranking bureaucrats, such as the Chief Secretary and Home Secretary, and Director Generals and Additional Director Generals in the police.
In the second phase, transfers were carried out for mid-level officers, such as District Magistrates in the bureaucracy and Deputy Inspector Generals, Superintendents, and Deputy Commissioners in the police administration.
The third and final phase of transfers currently involves lower-level officers in the administrative hierarchy, including Additional District Magistrates, Sub-Divisional Officers, and Block Development Officers in general administration, and Additional Superintendents, Deputy Superintendents, Assistant Superintendents, Assistant Commissioners, and Inspectors in the police administration.