JUDGMENT : 

SANDEEP MOUDGIL, J.

Prayer

1. The jurisdiction of this court has been invoked under Article 226 of Constitution of India seeking quashing of impugned order dated 14.08.2025 (Annexure P-14) whereby the representation of the petitioner regarding transfer from Chandigarh to Hisar which was claimed to be against the rules/instructions/policies has been rejected by passing a non speaking order.

The Conspectus of Facts

2. The petitioner is a Constable (GD) in the Central Industrial Security Force (CISF), having joined service on 05.07.2009 as a Trainee at RCC Bhilai, Chhattisgarh. During the course of his service, he has been posted at various units across the country in accordance with applicable policy and was posted at CISF Unit, Punjab & Haryana Civil Secretariat (P&HCS), Chandigarh w.e.f. 24.06.2021.

3. The petitioner was married on 31.01.2021 and his wife, Smt. Mandeep Kaur, is employed as a Clerk in the office of the Director, Colonization Department, Government of Punjab, at Punjab Mandi Bhawan, Sector 65-A, S.A.S. Nagar (Mohali). The petitioner claims his case to be covered under the Government of India and CISF instructions relating to “couple cases”.

4. Vide order dated 21.10.2024 (Annexure P-4), issued by CISF North Zone-II Headquarters, Jammu, the petitioner was transferred from CISF Unit P&HCS, Chandigarh to CISF Unit, Rajiv Gandhi Thermal Power Project (RGTPP), Khedar, District Hisar (Haryana), with effect from 08.11.2024. The transfer was issued consequent to reduction of CISF strength at P&HCS, Chandigarh, pursuant to MHA letter dated 04.10.2024 (Annexure R-2), conveyed by CISF Headquarters vide letter dated 11.10.2024 (Annexure R-3).

5. The petitioner submitted a representation dated 05.11.2024 (Annexure P-5) seeking cancellation of the transfer order on the grounds of being a couple case, medical treatment at Chandigarh, and family difficulties. A movement order was thereafter issued on 07.11.2024 (Annexure P-6), and the petitioner joined his new place of posting at RGTPP Khedar on 08.11.2024, while his representation remained pending.

6. The petitioner was informed vide letter dated 11.12.2024 (Annexure P-7) that his representation had been forwarded to the higher competent authority with a remark that his case would be considered in Inter-Unit Transfer (IUT)-2025 on merit for Chandigarh-based units. However, no posting order was issued in his favour during IUT-2025.

10. The petitioner again submitted representations dated 18.04.2025 and 18.05.2025(Annexure P-8 and P-10 respectively), reiterating his request for posting at Chandigarh or nearby stations. The said representations were forwarded by the unit authorities with recommendations. However, the grievance was marked as “regretted being devoid of merit” on 16.05.2025 (Annexure R-6) by the Inspector General, North Sector.

11. During inspection and subsequent consideration by the higher authorities, the petitioner was granted personal hearing, and vide letter dated 02.07.2025 (Annexure R-7), he was informed that his request had been regretted on the ground that he had not completed the present tenure of posting.

12. Thereafter, pursuant to letters dated 14.07.2025 (Annexure P-12) and 16.07.2025 (Annexure P-13) issued by CISF Headquarters calling personnel for personal appearance, the petitioner appeared before the competent authority on 30.07.2025. Subsequently, the Director General, CISF, passed order No. E- 38018/1/2025/Estt-II/2478 dated 14.08.2025 (Annexure P-14), conveying the decision “Not acceded to” in respect of the petitioner’s request.

13. Aggrieved by the rejection of his representations, particularly the order dated 14.08.2025(Annexure P-8), the petitioner has approached this Court by way of the present writ petition.

Contentions

On behalf of the petitioners

14. Learned counsel for the petitioner contended that the impugned order dated 14.08.2025 passed by Respondent No.2 rejecting the petitioner’s representation is arbitrary, illegal and unsustainable