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IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
N. Somorjit Singh - Appellant
Versus
Union Of India & Ors. - Respondents
WP(C) No. 55 of 2022
Decided On : 19-07-2022
Transfer - CRPF Personnel - Standing Order - Para 4(ix) - Para 4(b)(xvi) - [Para 4(ix), Para 4(b)(xvi)]
Fact of the Case:
The petitioner sought to quash the transfer and posting order and to complete his tenure in the M&N Sector. The petitioner argued that the transfer orders were issued in violation of the Standing Order and that his case was covered by the provision allowing relaxation of transfer on medical grounds.
Finding of the Court:
The court found that the petitioner had completed his Zone tenure and normal tenure at GC Imphal, justifying the impugned transfer order. The court dismissed the writ petition and directed the petitioner to join the transferred place within 15 days.
Issues: Violation of Standing Order, Eligibility for Transfer, Medical Grounds for Relaxation
Ratio Decidendi: The petitioner's completion of Zone tenure and normal tenure at GC Imphal justified the impugned transfer order, and the court found no merit in the writ petition.
Final Decision: The writ petition was dismissed, and the petitioner was directed to join the transferred place within 15 days. The interim order passed by the Court was vacated, and no costs were awarded.
JUDGMENT
1. This writ petition has been filed by the petitioner to quash the impugned transfer and posting order dated 10.1.2022 and the movement order dated 17.1.2022 and to allow the petitioner to complete his tenure in the M&N Sector as per Para No.4(ix) of the Standing Order dated 07/2015 and to defer the transfer and posting to 28 Bn by invoking Para No.4(b)(xvi) (vi) of the Standing Order.
2. The case of the petitioner is that he was appointed as CT/DVR in the year 2005 and after completion of his basic training, the petitioner was posted at 44 Bn from 26.4.2006 to 6.6.2006 at Churachandpur, then Lucknow, Srinagar and Zainakote and then he was posted at 26 Bn from 31.12.2012 till 9.3.2014 located at Chas Bokaro. Again the petitioner was transferred and posted to 87 Bn in Jiribam from 9.3.2014 to 25.6.2018 and from then onward, he was transferred and posted to the present place of posting at GC, Imphal from 25.6.2018 till the issuance of the order dated 31.1.2019 and 28.2.2019 respectively.
3. Further case of the petitioner is that while he was serving in the GC, Imphal, an order dated 31.1.2019 was issued thereby the petitioner and other incumbents were transferred to different places of postings and the petitioner was allotted to Central Zone. Consequent to the order dated 31.1.2019, an order dated 28.2.2019 was issued whereby the petitioner was transferred and posted to 161 Bn under the Central Zone located. Aggrieved by the signal dated 31.1.2019 and 28.2.2019, the petitioner submitted a representation on 5.3.2019 to the IGP (Pers), New Delhi requesting to complete his tenure at GC, Imphal and for cancellation of the Zonal transfer. The representation of the petitioner was not considered and disposed of till date, but in the case of similarly situated incumbents, signal dated 10.5.2019 was issued whereby their request was considered. Though the DIG (Adm) recommended for cancellation of the petitioner's transfer, his request was not acceded vide signal dated 29.7.2019 stating that the petitioner has already availed home posting in 87 Bn and GC Imphal for last 4.4 years.
4. Being aggrieved by the order of the respondents, the petitioner filed W.P.(C) No.758 of 2019 seeking to quash the transfer and posting order dated 16.9.2019. By the order dated 14.12.2021, this Court set aside the orders dated 31.1.2019, 28.2.2019 and 29.7.2019 in respect of the petitioner and observed that it is open to the respondents to issue another order of transfer in accordance with law. Consequence thereof, the respondents issued the impugned transfer and posting order dated 10.1.2022, thereby transferring and posting the petitioner at 28 Bn with immediate effect by cancelling the earlier transfer and posting at 161 Bn. Accordingly, the movement order dated 17.1.2022 was issued directing the petitioner to move to 28 Bn which is located at Bemina, Srinagar, J&K falling under the Srinagar Sector. Challenging the same, the present writ petition has been filed.
5. The respondents filed affidavit-in-opposition stating that the petitioner who is a resident of Thongju Part-II Leikai, Imphal East District was enlisted in CRPF on 3.1.2005 and consequent on his transfer from 87 Bn (deployed at Jiribam, Manipur), he had reported in GC, Imphal (Langjing, Manipur) on 25.6.2018. As a matter of Annual Inter Zonal Transfer-2019 of NGOs, the DIG (Estt) directed to forward list of personnel who have completed their Zonal tenure as per the Standing Order 07/2015. Further, the IGP M&N vide signal dated 21.12.2018 had also asked to forward the left out cases of IZT-2019. Accordingly, vide office signal dated 24.12.2018, left out cases of personnel who have completed/completing their Zone tenure, but not completed the present place of posting was forwarded to the IGP in which the name of the petitioner was included at Serial No.24, who even though had not completed
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The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
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