B K JAYASREE Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner is employed in the rank of Sub Inspector in the Central Reserve Police Force and was attached to the Central Training College at Coimbatore. She has come forward to challenge the order of transfer transferring her from Coimbatore to Central Training College at Mudkhed. The signal message which was sent to the fourth respondent was in turn communicated to her by a covering letter, dated 7.7.2011. In her place, the fifth respondent who was at Durgapur had been posted.

(2.) IT is the stand of the petitioner that in her career in the CRPF spanning over a period of 20 years, she had been transferred eight times. The last posting at Coimbatore was during September, 2008. It was also stated by her that she had married one G.Krishnamurthy, who was directly recruited as Sub Inspector of Police in Tamil Nadu. While she is a Maharashtrian girl, her husband is Tamil. Therefore, she hardly has any support from her parents. Her son is studying SSLC and her daughter is in Class V and that they are studying in Coimbatore. The transfer from Coimbatore to far away place will cause disruption to her family. It was stated that Summer Chain Transfers -2011 of Sub Inspectors released on 20.06.2011 showed that her name was at Serial No.8 and that it was recorded that her husband was working in the Tamil Nadu police at Tiruppur. It is pursuant to that order, the petitioner was attached to the Coimbatore Central Training College with effect from 28.06.2011. The petitioner earlier had taken child care leave on 5.3.2011 for a period of one year. When she was posted to Coimbatore, she had cancelled the leave and joined duty. Now all of a sudden, by the impugned order, she was transferred to a distance place and that too within a period of 10 days of previous posting. It was also stated that originally the fifth respondent was posted at Mudkhed and because of her representation, she was now posted in the fourth respondent and she has been transferred as a modification of the earlier order.

(3.) MR .P.Wilson, learned Senior Counsel leading M/s.P.Wilson Associates appearing for the petitioner also contended that the Standing Order No.2/2011 clearly showed that the normal tenure of posting in all static offices and duty Battalions located in the areas other than North East Region, Jammu and Kashmir and the Left Wing Extension affected field areas will be four years including the period of attachment with such offices. The same has been violated in the case of the petitioner. But the very same order clearly shows that the competent transferring authority will have right to transfer a person at any time irrespective of tenure on administrative grounds and in public interest. But, in the present transfer order, it is not shown that there was any administrative ground or any public interest involved.