New Delhi: Former state police chief T.P. Senkumar has moved a contempt petition in the Supreme Court alleging that Kerala government is not interested in implementing the court’s April 24 judgment, quashing his transfer as CMD of Kerala Police Housing and Construction Corporation, and reinstating him. A bench of Justices Madan B. Lokur and Deepak Gupta, while allowing an appeal from Dr Senkumar, had rejected the State’s stand that he was shifted due to public dissatisfaction over his handling of a major fireworks tragedy and a sensational murder case and his alleged failure to take action against erring officials.
It directed the state government to reinstate him in service at least till he completes his two year tenure on May 21 or till superannuation in June. In the contempt filed by counsel Haris Beeran, Dr Senkumar said Kerala government, represented by its chief secretary Nalini Netto, was wilfully and deliberately disobeying the order as her intention seemed to be to delay its implementation so that the petitioner would not enjoy fruits of apex court decree. The contemnor was in gross contempt of this court’s directions in as much as there was no ambiguity in the directions issued by the Court.
He said Ms Netto, the contemnor, ought to have issued appropriate orders on the next date itself in compliance with the SC directions. He was appointed the State Police Chief on May 22, 2015 for a period of 2 years but was removed on June 1, 2016 illegally, as found by this Court. Therefore, going by principles of the judgment in Prakash Singh case, he was entitled to his remaining tenure irrespective of his superannuation. He pointed out that it was Ms Netto, who deliberately created an adverse note dated May 26, 2016 against him to remove him from the post of the SPC.. On its basis, Chief Minister Pinarayi Vijayan transferred him on May 27and the reasons for his removal were formulated thereafter on May 31.
The contemnor intended to remove him from the SPC post at all costs and to justify it, reasons were created thereafter. He said the contemnor continued to circumvent the order of the Court, dated April 24, once again to avoid his reinstatement. He said the contemnor was a primary component in his removal which culminated in the present judgment. Therefore, it is plausible that she would attempt at all costs to wilfully circumvent/ delay the compliance of the judgment, he said, and prayed for initiating contempt of court proceedings against Ms Netto and restoring him to DGP post forthwith.
