(1.) The petitioner joined as a Constable in the Indo Tibet Border Police (ITBP) on 20.08.1990 and as on date has about 18 years of service. The service profile of the petitioner shows that the petitioner was on deputation from 25.03.1994 to 11.07.2003 out of which most of the period was with the Special Protection Group (SPG), Delhi. The petitioner was posted back with the ITBP on 12.7.2003 and after 12.08.2003 was posted to Leh where he continued to serve till July, 2005. The Battalion of the petitioner under the Unit Rotational Transfer was posted to Delhi in August, 2005 and the petitioner came back with his Battalion.
(2.) Upon reaching Delhi, the petitioner was soon served with a transfer order to North-East dated 14.09.2005. Simultaneously a memo was also issued to the petitioner on disciplinary ground as he was alleged to have brought pressure on the respondents for permission to go on deputation to Intelligence Bureau (IB). It is the case of the respondents that such deputation in the case of the petitioner was not permissible as he had not completed the cooling off period of three years and bringing of political pressure was improper. The petitioner represented against his transfer which was not considered favourably in terms of a decision taken on 21.1.2006.
(3.) The petitioner, thereafter, filed the present writ petition seeking quashing of transfer order on the ground that there was no reason for transferring the petitioner from Delhi within such a short span. Interim orders were granted staying the transfer order on 7.10.2005. The petitioner, thus, continued to serve at Delhi till interim orders dated 7.10.2005 were vacated as the petitioner has already served for a period over two years even at Delhi. The petitioner has now been posted to North-East.