SC and HCs need to protect Police and CBI Officers in transfers and Promotion Matters
General law by High Courts and Supreme Court is "No Stay against Transfer Orders; No Stay against Injustice in Promotions
This rule is based on principle it that There is No Irreparable Loss . At the end of final hearing of case, if employee succeeds, he can be always compensated in terms of money or damages.
Stay in Transfer matter is also denied on ground that No one has right to serve at a particular place
There are rulings that If Malafide (Vindictive Injustice) is apparent, Court can grant stay. But this is illusion. Because in most cases Malafide or Vindictiveness cannot be proved nor can be proved in HC or SC on basis of affidavits.
There have been cases where honest officers are transferred 18 times in 18 months.. They do not come to challenge such orders because they have little hope for stay from HC or SC.
From National Scene as it is now emerging, it appears that if Police and CBI do not investigate as per wishes of political bosses, they are transferred at midnight.
The Law as discussed above needs to be changed if investigations are to be insulated against Political Interferences.
Service Law for other employees and Service Law for CBI and Police Officers cannot be equal. The duties of Investigative officers cannot be performed honestly unless they are protected in their service benifits.
Haresh Raichura
4/7/13
