DILIPBHAI RUDABHAI PARMAR Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) THIS petition, preferred under Article 226 of the Constitution of India, challenges order dated 23.10.2010 passed by respondent No.4, whereby the request/representation of the petitioner for transfer to Customs Division, Porbandar has been rejected.

(2.) THE brief facts of the case are that, the petitioner is a driver working in the Office of the Commissioner of Customs (Preventive). He came to be transferred by the Assistant Commissioner, Customs Division, Porbandar (respondent No.4) to the Commissionerate of Customs (Preventive), Jamnagar by order dated 23.6.2008, with immediate effect, on administrative grounds. It is the case of the petitioner that in the year 2009 he came to know that one of the drivers from the Customs Division, Porbandar, had been transferred and posted to D.R.I. Unit, Gandhidham, therefore, one post of driver was vacant at the Customs Division, Porbandar. THE petitioner made a representation dated 19.5.2009 requesting to be posted at Customs Division, Porbandar. It is averred in the petition that the petitioner belongs to Porbandar and his entire family is settled there. THE mother of the petitioner is aged more than 80 years and is in need of attendance, everyday. THE petitioner is the only son having no other brothers or sisters, so he is required to attend to his mother, in her old age. However, due to his transfer from Porbandar to Jamnagar, the petitioner is unable to look after his mother effectively. It is further averred that the son of the petitioner is studying in Standard 11 in the Science Stream, and requires the assistance of his father, the petitioner, in his studies. Further, because of the transfer of the petitioner to Porbandar, he is incurring costs in running two establishments, one for himself and the other for his family, at Porbandar; which he can ill-afford in his small salary.

(3.) I have heard Mr.Hasit H. Joshi, learned counsel for the petitioner, perused the averments made in the petition, contents of the impugned order and other documents on record. The transfer of the petitioner from Customs Division, Porbandar to the Commissionarate of Customs, Jamnagar, has been directed by order dated 23.6.2008. This order is annexed as Annexure-A to the petition. A perusal thereof makes it clear that the petitioner has been transferred from Porbandar to Jamnagar on administrative grounds. By the same order, the petitioner has also been directed to surrender the Government residential accommodation at Porbandar, one week from the date of the said order. The petitioner has not specifically challenged this order in the present petition. Further, it is not the case of the petitioner that the order of transfer suffers from any illegality or infirmity. The only grievance of the petitioner is that the representations made by him, requesting that he be transferred from Jamnagar back to Porbandar, have been rejected by the impugned order. A perusal of the said order makes it clear that as the petitioner has been transferred on administrative grounds, his request for transfer to Porbandar cannot be considered.