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IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Kiyam Sadananda Singh - Appellant
Versus
Union Of India & Ors. - Respondents
WP(C) No. 589 of 2022
Decided On : 09-08-2022
Transfer and Posting Order - CRPF Transfer Policy - Para 4(ix), Para 4(xvi)(b)(viii), Para 5(vii) - The court discussed the provisions of the CRPF transfer policy, particularly Para 4(ix) and Para 4(xvi)(b)(viii), which mandate the maximum tenure in a particular Range/Sector and provide for relaxation of transfer eligibility in deserving medical cases. The court highlighted the importance of considering medical grounds for transfer and emphasized the need for fair monitoring of inter-zonal transfers as per Para 5(vii). The court set aside the impugned order and directed the competent authorities to reconsider the petitioner's case in light of the relevant provisions and the doctor's advice regarding the necessity of the petitioner's wife to undergo prolonged treatment.
Fact of the Case:
The petitioner challenged a transfer and posting order citing his completion of three years in a peace static station and his wife's illness. The respondents justified the transfer as a condition of service and argued that the scope of judicial review in transfer matters is limited.
Finding of the Court:
The court found that the transfer order did not consider the relevant provisions of the CRPF transfer policy, particularly regarding the maximum tenure in a particular Range/Sector and the relaxation of transfer eligibility in deserving medical cases. The court also noted violations of natural justice and the absence of fair monitoring of inter-zonal transfers.
Issues: The issues revolved around the petitioner's eligibility for transfer relaxation due to his wife's illness, the adherence to the CRPF transfer policy, violations of natural justice, and fair monitoring of inter-zonal transfers.
Ratio Decidendi: The court held that the transfer order failed to consider the relevant provisions of the CRPF transfer policy and violated the principles of natural justice. The court emphasized the importance of considering medical grounds for transfer and the need for fair monitoring of inter-zonal transfers.
Final Decision: The writ petition was allowed, and the impugned order was set aside. The matter was remitted to the competent authorities to reconsider the petitioner's case in light of the relevant provisions and the doctor's advice. The respondent authorities were directed to address the defects in the transfer application process and ensure fair consideration of transfer and posting cases.
JUDGMENT
1. The challenge in this writ petition is to the transfer and posting order dated 15.7.2022 in respect of the petitioner, whose name finds place at S.No.25 of the list of incumbents. The petitioner seeks to set aside the same and allow the writ petition with a consequential direction to allow the petitioner to remain in the GC Imphal for one year by relaxing his transfer to 128 Bn in view of Para No.4(xvi)(b)(viii) of the Standing Order No.07/2015.
2. The facts in a nutshell are as under:
The petitioner entered as CT/GD in the year 2011, pursuant to the order of appointment dated 7.3.2011. He completed his basic training in Assam from 7.3.2011 to 4.8.2012, thereafter he was posted to 31 Bn CRP at Delhi, where he discharged his duties from 5.8.2012 to 10.2.2013. Thereafter, he was posted to 50 Bn CRPF at Lalgarh Punjab from 11.2.2013 to 17.8.2018. Thereupon, he was transferred to 01 Bn CRPF, Neemuch, Madhya Pradesh from 18.8.2018 to 11.6.2019. He was eventually posted to GC Imphal from 11.6.2019 and a transfer and posting was issued on 15.7.2022 transferring the petitioner to 128 Bn CRPF.
3. The case of the petitioner as put forth by learned counsel for the petitioner is that he was transferred and posted to the GC Imphal under the M & N Sector, North East Zone only with effect from 11.6.2019 and the petitioner's tenure of three years in a peace static station is completed, but his case can be considered for relaxation of one year as per Para 4(xvi)(viii) of the Standing Order No.07/2015, as his wife is suffering from Anxiety Disorder. That apart, as per Para No.4(ix) of the aforesaid Standing Order, a person can serve in a particular Range/Sector for maximum 10 years and in a particular Zone for 14 years, but the petitioner has not put in such length of service and, therefore, considering the illness of his wife, he may be permitted to continue at the present place to enable his wife undergo treatment at Psychiatry Department, RIMS, Imphal. However, ignoring the aforesaid standing order, the transfer order has been effected in the case on hand.
4. The next plank of the argument is that the impugned order has been issued directly by the office of the Directorate General of CRPF, New Delhi, in contravention of the Standing Order No.07/2015, which stipulates that inter-zone transfers will be monitored by a Committee comprising DIG Estt and DIsG (Adm) of all zones as members to ensure fair balance across zones.
5. The submission of learned counsel for the petitioner is that as per the Standing Order, before effecting summer chain transfer, the personnel are given five choice posting of their own, but as per the SANTOS App, which is the software through which transfer request is to be made, only a list of predetermined choice postings are given and the same is contrary to the mandate of the Standing Order referred supra.
6. It is further submitted that by depriving the petitioner an opportunity to make a representation against the transfer and posting, the principles of natural justice have been violated and, moreover, in the SANTOS App, there is no provision to submit a representation objecting the transfer to the person of the cadre of the petitioner. When the personnel was permitted to make representation only on 13.7.2022, the respondent's counsel during the course of the hearing on 13.7.2022 served the Signal dated 13.7.2022.
7. Learned Assistant Solicitor General appearing on behalf of the respondents justified the transfer and posting order and submitted that transfer is a condition of service. A government servant has no vested right to remain posted at the place of his choice. The transfer order does not violate legal right of a person holding transferable post, if he is transferred from one place to another in public interest. The order of transfer is an administrative order. The Apex Court in a catena of decisions held that the scope of judicial review in the matter of transfer is very limited. The Courts should not int
The main legal point established in the judgment is the importance of considering medical grounds for transfer and the need for fair monitoring of inter-zonal transfers as per the CRPF transfer polic....
The main legal point established in the judgment is that transfer orders must be in compliance with the relevant Standing Orders, and in cases of medical grounds, the authorities must consider the pe....
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....
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
A government servant holding a transferable post has no vested right to remain posted at one place or other, and transfer orders should be based on administrative exigency and not arbitrarily or for ....
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 main legal point established is that in cases of transfer on medical grounds, the court will consider the petitioner's compliance with standing orders and the medical assessment of fitness for tr....
The central legal point established in the judgment is the importance of considering the delicate physical health condition of personnel and adhering to transfer guidelines when making transfer and p....
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....
Transfer is an incident of service and an employee has no vested right to a particular posting. While premature transfers against an established tenure should ideally be justified by administrative r....
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