JAI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petition had come up for preliminary hearing on August 30, 2012 and since then we have adjourned the matter on as many as four occasions, requiring the respondents to, sympathetically and with practicality, consider the writ petition as a representation to the IG (Personnel). Regretfully we are informed that the IG (Personnel) is not preparing to relook into the matter. He takes the stand that if he does so, it would bring indiscipline on account of the fact that when the IG (Personnel) had directed the revocation of the transfer order passed in March, 2012 under which the petitioner was transferred from the 73rd Bn. at Srinagar to the 139th Bn. at Chattisgarh, the petitioner suppressed the fact that he had already been relieved from the 73rd Bn. at Srinagar.

(2.) RELEVANT facts to be noted by us would be that having successfully cleared the selection process for being recruited as a Constable in a Central Paramilitary Force and assigned to CRPF, after completion of training, the petitioner joined the 134th Bn., CRPF in April, 2003 at Manipur. Being a duty battalion, the petitioner could not take his family with him. The battalion remained at Manipur till April, 2005 when it was moved to Amritsar. Here also, the petitioner could not bring his family to reside with him for the previous reason.

(3.) RELIEVED from 73rd Bn. on April 24, 2012 and sanctioned 30 days earned leave and 15 days transfer time i.e. 45 days, the petitioner was supposed to join the 139th Bn. at Chattisgarh. But before he was relieved, he made a request to the IG (Personnel) which was submitted through proper channel i.e. Commandant of the 73rd Bn. CRPF. The request was made for posting to a battalion where family accommodation was available and where the petitioner could reside with his wife and children.