##PAGE1##

Page No.# 1/5

GAHC010032912026

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/974/2026

CONSTABLE/DRIVER PANKAJ SAIKIA

FORCE NO. 105132137, S/O- BAGADHAR SAIKIA, R/O VILL- BONAI KALIA

PANI GAON, P.O- AMTOL, P.S- BHAGAMUKH, DISTRICT- JORHAT, PIN-

785682, PRESENTLY POSTED AT COMPOSITE HOSPITAL, CRPF, AMERIGOG,

GUWAHATI, ASSAM

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW

DELHI- 110003

2:THE DIRECTOR GENERAL

CENTRAL RESERVE POLICE FORCE

CENTRAL GOVERNMENT OFFICE COMPLEX

NEW DELHI- 110001

3:THE DEPUTY INSPECTOR GENERAL OF POLICE

(ESTABLISHMENT)

DIRECTORATE GENERAL

CENTRAL RESERVE POLCE FORCE

CENTRAL GOVERNMENT OFFICE COMPLEX

NEW DELHI- 110001

4:THE INSPECTOR GENERAL (MEDICAL)

CENTRAL RESERVE POLOCE FORCE

COMPOSITE HOSPITAL AMERIGOG

GUWAHATI

ASSAM. PIN- 78131

Advocate for the Petitioner : MR. D GOGOI, MS T WAPANGLA

Page No.# 2/5

Advocate for the Respondent : DY.S.G.I., MR. K GOGOI(C.G.C.)

BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

18.05 .2026

Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. K.

Gogoi, learned CGC for the respondents.

2. The petitioner is aggrieved by the impugned order of transfer issued to

the petitioner on 05.01.2026. In terms of the said order, the petitioner was

transferred from the Composite Hospital Guwahati to the battalion being 243

BN, which is stated to be located at New Delhi. The said order reflects the

remark “SPECIAL”, indicating that the petitioner’s matter was a specially

considered. It is submitted that the petitioner's spouse is suffering from

“Papillary Carcinoma Thyroid (Cancer)”, since the year of 2017 and is currently

undergoing treatment.

3. The learned counsel for the petitioner submits that as per the standing

order issued by the Director General of Central Reserve Police Force dated

27.09.2022 certain categories are specified, which are exempted from the

Summer Chain Transfers (SCT).

4. The learned counsel for the petitioner by referring to Clause No.7(i) of the

said standing order submits that on medical grounds, suffering from certain

illnesses which includes cancer, the transfer of the officers can be reconsidered

by the authorities. The learned counsel for the petitioner submits that there is

Page No.# 3/5

no dispute raised by the respondents that the petitioner's spouse is not suffering

from cancer/carcinoma. As a consequence thereof, the petitioner is entitled to

be considered and conferred the benefits under clause 7(i) of the said standing

order. However, the same not having been done, the petitioner filed a

representation before the authorities concerned, which stood rejected without

any reasons being cited by the respondent authorities. Under such

circumstances, the petitioner is before this Court.

5. The learned CGC for the respondents disputes the contentions raised by

the petitioner. The respondents have filed their affidavit contesting the claims

made by the petitioner drawing the averments made in paragraph No. 2 of the

said affidavit. It is submitted that the petitioner has already spent 10 years in

his home State during his entire service career of 15 years, and apart from this,

was also granted one year retention during the SCT 25 on medical grounds and

further, the petitioner has been transferred from Composite Hospital, CRPF,

Guwahati to 243 Battalion, New Delhi as a special case, as better medical

facilities are available in New Delhi. He therefore, submits that there is no

infirmity in the order of transfer.

6. The learned CGC further submits that the petitioner has not completed

6(six) years cooling-off period required for subsequent posting in the home

State and therefore, he was required to be transferred out, and as a special

case being considered by the authorities, the petitioner stood transferred to the

243 Battalion which is posted in New Delhi.

7. The petitioner reiterated his contentions by filing a rejoinder affidavit.

Page No.# 4/5

8. The learned co