Investigation branch cops can’t be transferred to other branches: SHC

A constitutional bench of the Sindh High Court (SHC) on Tuesday dismissed a petition of police inspectors appointed at the investigation branch, telling them that they cannot be allowed to be transferred to perform their services in the executive branch of the police department.

Dismissing the petition of the inspectors, who were recruited in the investigation wing of the police, regarding their posting in the operational branch, an SHC division bench headed by Justice Mohammad Karim Khan Agha said investigating officers’ transfer to the executive branch contradicts the Supreme Court’s judgment.

The high court said the appointment letters of the investigation branch inspectors limit their transfer and posting to the executive branch as the matter of their terms and conditions of service, while it is also outside the jurisdiction of the court under Article 212 of the constitution.

The bench said that it does not agree with the findings of the Sindh police chief and other committee members for the simple reason that transferring the investigation wing to the executive branch is not justified by the Police Act or the Police Rules.

The petitioners had challenged the police department’s order with regard to their posting only in the investigation branch and not in the operational branch, saying that it violates the 2019 Amendment Act and Police Rules.

Their counsel said that considered as gazette officers, police inspectors may be allowed to be posted at the executive branch because they are liable to serve at any time in any branch, division or bureau.

The court was requested to direct the police department to issue the seniority list of police inspectors of the investigation branch considering the petitioners’ appointment in the executive cadre.

After hearing the arguments of the counsel, the court said the petitioners cannot be allowed to be transferred from the investigation wing to perform their service in the executive branch of the police department. The court said the petition lacks merit, and dismissed it.