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N. KOTISWAR SINGH, RAHUL BHARTI
Surinder Singh – Appellant
Versus
Union of India through Home Secretary, Ministry of Home Affairs, Government of India, New Delhi – Respondent
ORDER :
Rahul Bharti, J.
1. The appellant is of the rank of Inspector (General Duty) No. 100078646 in the Border Security Force (BSF). The Inspector General (IG), Frontier (Ftr.) Headquarter (HQ), Border Security Force (BSF), Jammu came to pass an Order No.2069/Estt-II/Jammu/BSF/2O24/3781-88 dated 20.03.2024 thereby ordering the posting of the appellant to 141 Bn. BSF against an existing vacancy with immediate effect and directing him to join by 30.03.2024. This order is said to have been passed with the approval of the competent authority.
2. The appellant felt aggrieved by his said posting to 141 Bn. BSF reckoning it to be a transfer premature and, therefore, came forward with a hand written representation dated 21.03.2024 to the IG BSF, Ftr. HQ BSF, Jammu, narrating therein that the appellant is passing through mental agony due to unspelled personal reasons and thereby seeks an audience from the IG BSF, Ftr. HQ BSF, Jammu without referring anything relating to his said posting to 141 Bn BSF.
3. The appellant, acting in furtherance of his purported grievance that his posting to 141 Bn BSF was wrong and unwarranted, came forward with institution of a writ petition WP(C) No. 679/2024 b
The vacancy position as the primary criteria for issuing posting/transfer/attachment orders and the plenary power of the Director General BSF in this regard.
The posting policy and promotion rules take precedence over the normal tenure of posting, and the interest of the individual is subservient to the requirements of the Force.
The main legal point established in the judgment is that unless arbitrariness is shown, the court should refrain from interfering in transfer and posting orders, especially in the case of armed force....
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
The central legal point established is that the transfer of the petitioner was in accordance with the Standing Order 07/2014, which governs postings upon promotion.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
Administrative authorities must adhere to established standing orders regarding personnel transfers, and courts must respect compliance with procedure unless clear irregularity is shown.
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
The transfer policy as contained in standing order No. 07/2015 creates enforceable rights for CRPF personnel, and authorities' actions in effecting transfers must be in accordance with the policy.
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