SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Vishal Shriniwas Rokamwar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking quashing of the impugned rejection order dated 26.11.2022 qua petitioner only vide which respondents rejected the request of the petitioner to post him at CISF Unit CTPS Chandrapur, Maharashtra on humanitarian grounds; directions to the respondents to post him at CISF Unit CTPS Chandrapur Maharashtra forthwith; or in alternative to consider the case of petitioner sympathetically in the annual transfer orders which are normally issued by 31st March every year;
2. On 14.03.2023, this Court observed as under:
"1. Pursuant to the Order dated 16.02.2023, learned counsel on behalf of the respondents on instructions submits that since the petitioner has not completed first tenure of seven years in the units in out of home sector (excluding basic training) and, therefore, he is not entitled to get the posting in his home zone sector.
2. The case of the petitioner is that the petitioner is in the medical Category SHAPE-II and as per the record of the respondents, he is suffering from following ailments:
(i) Sleep disturbance,
(ii) Less appetite,
(iii) Angriness,
(iv) Ghabraha,
(v) Anxiety,
(vi) Nausea.
3. Moreover, two cases have
The main legal point established in the judgment is that the operational and administrative necessities of the Force, as outlined in Circular No. 22/2017, govern the posting and transfer decisions of....
The court ruled that exercising discretion for compassionate postings may unjustly disadvantage others seeking similar accommodations, reinforcing the need for equitable treatment in transfer matters....
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
Compassionate grounds for posting must consider the medical needs of dependents requiring constant supervision and assistance.
The court balanced the petitioner's family health issues and impending retirement with the concession granted for seeking a terminal posting, in deciding not to interfere with the posting order.
Failure to consider statutory guidelines on quarantine constituted a non-application of mind by the respondents in denying the petitioner's request.
Transfer and posting decisions in a disciplined force are made by the competent authority in the interest of the Force, and individual requests for specific locations may not be entertained.
Judicial review of administrative transfers is limited; courts uphold orders unless clear legal violations are evident.
The administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
The court affirmed the requirement to adhere to service policy in employee transfers, especially for those nearing retirement, highlighting the obligation to consider employee requests.
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