A legal question to dear friends
CAT yesterday dismissed my petition challenging my transfer from Prosecution to Civil Defence within 15 days.
Recently the Central Government amended section 7 of the IPS Cadre Rules 1954 on 28 January 2014, providing that all transfer of IPS officers shall be made only on recommendation of the Civil Services Board and reasons for all transfers made within a period of 2 years of posting shall be clearly explained.
As per the petition, the concerned officer (me) was transferred on 30 January without the proper constitution of the Board, without stating the reason of transferring from Prosecution department within 15 days of his posting and without giving fair opportunity of being heard. Hence the transferred needed to be cancelled as being against the Rules.
CAT said in its order that Courts do not interfere in transfers as long as there is no violation of law. It said that though new IPS Cadre Rules, which says that no transfer before two years can be made without adopting a definite procedure, came into effect on 28 January but the State government came to know of this only through DOPT letter dated 14 February and hence there was no reason to interfere.
I always thought that the rule was that "ignorance of law is no excuse" and hence if the new Rules came on 28 January, the other party cannot take the excuse of not knowing the law but CAT's view was otherwise.
Could some legal expert answer me this legal question of when would the Cadre Rules be said to come in operation- date of notification or date on which the other party allegedly came to know it through some letter?
I always thought that the rule was that "ignorance of law is no excuse" and hence if the new Rules came on 28 January, the other party cannot take the excuse of not knowing the law but CAT's view was otherwise.
Could some legal expert answer me this legal question of when would the Cadre Rules be said to come in operation- date of notification or date on which the other party allegedly came to know it through some letter?
Amitabh Thakur
# 094155-34526
amitabhth@yahoo.com
# 094155-34526
amitabhth@yahoo.com
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