The main legal point established in the judgment is that transfer orders based on administrative exigencies are generally not subject to interference by the courts, and employees have the option to approach the authorities with a detailed representation to settle their grievances.

JUDGMENT :

Vishal Mishra, J.

1. With the consent of the parties the matter is final heard.

The present petition is being filed aggrieved by the communication of movement order dated 18.09.2020 issued by the respondent No. 3 through one ASI and SI of the ASG UNIT during duty hours of the petitioner at around 5.30 in the evening whereby the petitioner was asked to deposit her weapons immediately in order to proceed to the transferred place at CISF Unit ASG Bhopal on the very same date. It has argued that gender equality is merely a subject even in this era and honest and sincere working women like petitioner are being victimized under patriarchal dominance by people like respondent No. 3, just because the petitioner raised her voice towards malpractices prevailing in the system and has refused to be a party in compromise with the so many hidden inappropriate and illegal activities that could put citizen's of the country and interest of the nation at peril and since petitioner did not succumb to the pressure created upon her by the respondent-authorities she has been subjected to transfer. It is submitted that the transfer order is not being communicated physically to the petitioner. The same has been sent on whatsapp during the duty hours at 5.30 in the evening.

2. Petitioner is a Lady Sub-Inspector posted at C.I.S.F. Unit at Airport, Gwalior and was discharging her duties with utmost devotion, sincerely and honesty at the present place of posting since her date of posting i.e. 10.05.2018. It is alleged that the entire dispute arose when during her duty time at night shift on 31.10.2019, the petitioner has stopped one Dumper Vehicle carrying Gitty (Stone Aggregate) to enter the city parking area of Airport premises at Gwalior, without there being any permission from the competent authority in writing and since the authority and the contractor were hand in gloves with all the senior authorities therefore, they managed the entry of the vehicle in Air Port premises on verbal communication. On which the petitioner did not agree and exaggeratedly asked the permission from the competent authority which has triggered the matter. A false and frivolous complaint was registered against her rudely behaviour on 01.11.2019. The complaint was forwarded by the Airport Director to respondent No. 3 on the same day and taking cognizance of the complaint on the very same day, the petitioner has been placed under suspension with immediate effect. However, after the intervention of the higher authorities, the suspension was revoked but on the basis of preliminary enquiry, petitioner was inflicted with punishment of deduction of five days basic pay from her salary which has been put to challenge by the petitioner by filing another writ petition before this Court being W.P. No. 13932/2020 which is pending consideration.

3. It is argued that when the petitioner was on duty on 18.09.2020 in view of the subsequent development made by the authorities one ASI and SI of the unit approached her and asked her to deposit her weapons and to proceed to the transferred place and thereafter the moment order and relieving order was forwarded to her by her junior colleague on whatsapp, which are the orders impugned in the present petition. It is submitted that petitioner is a honest and hard working Govt. servant serving on the Airport which is a very sensitive area wherein the entry of all kinds of vehicles are prohibited until and unless the permission in writing is shown. The petitioner while discharging her duties honestly has stopped the Dumper vehicle from entering into the premises of the Airport. Therefore, she was been subjected to harassment. It is submitted that she is having three small children. Two daughters in eight years, six years and one son four years and her husband is posted as ASI at S.P. Office, Gwalior and has just recovered from COVID positive infection. But, inspite of knowing the status of the family of the petitioner, the authorities have not