The Supreme Court dismissed a petition filed by one, Abu Sohel challenging Rule 6(1) of the Indian Police Services (Cadre) Rules, 1954 that gives supremacy to the Central Government in matters of transfer and deputation of IPS Officers. Rule 6(1) provides that a cadre officer may be deputed for service with the State government's concurrence and the Central Government for service under the Central or State Government or under a company or a body of individuals substantially owned or controlled by the Government. However, in case of any disagreement between the two governments, the Central Government's decision shall be final.
The petition highlighted that this provision had been used to implement arbitrary decisions of the Central Government, and the States are forced to comply with such decisions of the Centre in due course of time. Sohel further claimed that "the impugned Rule creates unjustifiable and illegal deviation from our Constitutional makers' intent to create harmony between Centre and State and boost up the essence of Centre-State relations, which is a paramount requirement in order create a welfare state." The petition further cited many instances like how in 2001, the Centre decided to call back three IPS Officers from Tamil Nadu due to a spat between the two governments. It was contended that the provision is arbitrary and violative of Articles 14 and 21 of the Indian Constitution.
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