Office Notes, reports, orders or proceedings S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures WPSB 495/ 2024 Hon’ble Manoj Kumar Tiwari, J.

Hon’ble Pankaj Purohit, J.

Mr. Bhuwan Bhatt, Advocate, for the petitioner.

Mr. Rajesh Sharma, Central Govt.

Standing Counsel, for the respondents.

(2) Petitioner is serving as Deputy Commandant in Sashastra Seema Bal (SSB). He was transferred to Ranikhet in the year 2019. Vide order dated 18.4.2024, he was transferred to Bomdila in the State of Arunachal Pradesh. Petitioner has approached this Court challenging the said transfer order mainly on the ground of his ill health.

(3) It was contended that petitioner’s left leg sustained fracture in an accident, therefore it is not possible for him to serve in Arunachal Pradesh, which is a hard station.

(4) This Court, vide order dated 7.8.2024, passed interim order providing that petitioner shall not be relieved from the present place of posting till the next date of listing. It is not in dispute that petitioner is still serving in Ranikhet on the strength of the said interim order. Nearly two years have gone by since passing of the interim order. Petitioner has served at Ranikhet for nearly seven years. Normal duration of posting of an officer of SSB at one place is three years.

(5) Transfer is an incidence of service and judicial interference with the order of transfer should be minimal, that too only when there is violation of some statutory provision or there is allegation of malice. Since that is not the case here, therefore, no useful purpose would be served by keeping the writ petition pending.

(6) Writ petition is, accordingly, disposed of with liberty to petitioner to make representation regarding his transfer to Director General. If he makes such representation within one week from today, decision thereupon shall be taken, as per law, within four weeks thereafter. It shall be open for the petitioner to submit his representation through e-mail. Till decision on petitioner’s representation, he shall not be relieved from Ranikhet.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)

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