The main legal point established in the judgment is that unless a transfer order is vitiated by malafides or made in violation of statutory provisions, the court cannot interfere with it.

ORDER :

Prakash Shrivastava, J.

Heard with consent through video conferencing.

1. By this petition, the petitioner who is working in CISF as Inspector/Executive has challenged the order dated 18/3/2020 Annexure P/3 whereby the inter sector transfer of the petitioner from Indore Airport East Zone to Central Zone was ordered. The petitioner has also challenged the order dated 23/3/2020 concerning the inter sector transfer and posting the petitioner from Indore Airport unit to BSP Bhilai Unit. The petitioner is also aggrieved with the communication dated 5th June, 2020 whereby the competent authority has approved the relieving of the petitioner to his new place of posting i.e. CISF Unit BSP Bhilai immediately. The petitioner has also challenged the movement order dated 6/6/2020 whereby the petitioner has been directed to comply with the transfer order for joining at BSP Bhilai.

2. Learned counsel for petitioner submits that the order of transfer was deferred for implementation vide order dated 20th May, 2020 Annexure P/9 upto 31/3/2021 considering the Covid effect, but in the mean while the petitioner has been relieved. He further submits that the petitioner is now entitled for home sector posting, but instead of considering the said claim of the petitioner he has been transferred to Bhilai. He also submits that the petitioner's wife is also working with the respondents, therefore, in terms of the policy the husband wife are required to be posted in the same place.

3. Learned counsel for respondents opposing the prayer has submitted that the petitioner has already completed his tenure for the Airport posting and he is not entitled for the home sector posting and earlier he was transferred to Shimla, but considering his representation he was sent back to Indore and he has completed a very long tenure at Indore and the posting in CISF is a sensitive posting, and, therefore, the petitioner is required to comply with the orders of the authorities which have been passed on the administrative ground. He further submits that the order of transfer have been passed strictly in accordance with the transfer policy and that the wife of the petitioner has refused for her posting at Bhilai.

4. I have heard the learned counsel for parties and perused the record.

5. The impugned order of transfer Annexure P/3 is a general order of transfer whereby several such persons have been transferred to different sectors. Same is the position in respect of the posting order dated 23/3/2020 whereby the petitioner has been posted at BSP, Bhilai. These orders have been passed on the administrative ground and the competence of the persons passing these orders is not in issue. The record reflects that out of his total tenure of about 16 years the petitioner has remained at Indore for about six years i.e. he has completed almost 1/3rd of his tenure at Indore. The record reflects that the petitioner was posted at ASG Indore (West Zone) with effect from 1/9/2013 to 15/4/2018 and after completion of four years at Indore the petitioner was posted from ASG Indore to ASG Shimla on regular transfer vide order dated 19/3/2018 and was relieved by order dated 15/4/2018. The petitioner while posted at Shimla had made a request for re-posting at ASG Indore on medical ground of his father. The prayer was considered on compassionate ground and he was reposted at Indore, therefore, as and when possible petitioner's personal difficulty has been considered and that he has already spent substantial period at Indore.

6. The record reflects that the petitioner's wife is working as Lady Constable and presently posted at Dehradun. After the petitioner's order of transfer to Central Sector the willingness of the wife of the petitioner was also asked, but vide communication dated 15/5/2020 Annexure R/15 she had clearly expressed that she was not willing to go to Central Sector.

7. The reply of the respondents further reveal that the posting at Airport Indore is a sensitive posting and there wer