Emphatically denying that the transfer of P S Pasricha from the post of Mumbai Police Commissioner was illegal, arbitrary and malafide, the Maharashtra government on Thursday informed the Bombay high court that he was elevated to the rank of Director General and posted as chief of the State Police Housing Corporation.

In an affidavit filed to oppose three PILs challenging Pasricha's transfer, Deputy Home Secretary Y L Waghmare denied he justified the government's move saying it had been done in conformity with rules. The government had no difficulty with Pasricha and that it was a case of promotion and not demotion.

Advocates Anil Bugade, Satishkumar Agarwal and Prashant Surve had filed the PILs.

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The government's affidavit claimed that the appointment of new Police Commissioner A N Roy was not malafide and he was in the race even in November 2003 and that it was perfectly open for the government to consider his case.

Roy was selected considering his overall suitability and merit in the rank of Additional Director General of Police. The affidavit firmly denied that his appointment was politically motivated.

The government affidavit said K K Kashyap was due for promotion as Director General of Police and posting him as Police Commissioner would have required upgradation of this post to the rank of Director General of police. Therefore, the government posted him as Commandant General, Home Guards and Director, Civil Defence, in the rank of DGP.

The government was aware that Pasricha was due for promotion on February 1, 2004 when T K Choudhary, holding the rank of DGP, was due to retire. Nevertheless, he was considered for the post of Police Commissioner as he was in the rank of Additional Director General of Police.

Accepting the affidavit, Chief Justice C K Thakker and Justice Sharad Bobade deferred the matter to February 24.

Earlier on February 4, the court had refused to stay Pasricha's transfer on the basis of Bugade's petition, which had also urged the government to appoint an independent authority for affecting transfers and promotions of police officers and lay down specific guidelines in this regard.

The PIL further said R H Mendonca and M N Singh were promoted as DGP even while they continued in the post of Police Commissioner of Mumbai. The same could have been done in the case of Pasricha.