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The 21 were granted alleviation connected grounds of "genuine home difficulties, assorted ailments of household members, carnal difficulties and those whose children are studying successful 10th & 12th standard, who would different look hardship.”
Only 21 retired of 112 constabulary officers from Mumbai metropolis who had challenged their transportation retired of Mumbai metropolis pursuing Election Commission (EC) guidelines successful airy of impending authorities elections were granted interim alleviation by the Maharashtra Administrative Tribunal (MAT).
The 21 were granted alleviation connected grounds of “genuine home difficulties, assorted ailments of household members, carnal difficulties and those whose children are studying successful 10th & 12th standard, who would different look hardship.”
The plea for interim enactment of 91 different officers was not granted and they were asked to caput to their caller postings successful the interim. The work quarters of each the 112 officers nevertheless person been asked to beryllium retained till the last order.
The Mumbai constabulary had connected October 4 issued an bid transferring 111 officers arsenic per EC guidelines. EC rules authorities that immoderate serviceman who has served successful the aforesaid territory for 3 retired of 4 years should beryllium transferred retired truthful that they don’t exert immoderate power successful the polling process.
After the transportation was carried out, immoderate officers approached MAT seeking a enactment connected their transfers.
The officers said that they should person been transferred by August 20 arsenic per the guidelines. The officers besides argued that they person a tenure of 8 years successful the metropolis which has not been completed. They further argued that a “pick and choose” argumentation had been adopted and immoderate officers who met the criterion were not transferred. The Mumbai constabulary commissioner successful an affidavit said that transferring these galore officers would marque it hard for them to support instrumentality and order.
An affidavit filed by the DGP bureau said that due process had been followed successful issuing the transportation orders. It further said that the deadline of August 20 had been extended to October 10 by the ECI.
The tribunal observed that “orders passed by the E.C.I of transportation of Police Officers are to beryllium followed astatine immoderate cost. Under Article 324 of the Constitution of India the Election Commission of India is empowered to conduct, power and person superintendence implicit the predetermination process” and hence did not enactment the transportation but granted interim alleviation to 21 officers who had genuine home reasons.
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