M MUJIBULLA Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) BY consent of all the parties the main writ petition itself is taken up for final disposal. Against the order of transfer transferring the petitioner from Salem Steel Plant to Bokaro Steel Plant, the petitioner has approached this Court to quash the said order on various grounds.

(2.) THE petitioner joined service in 1970 as Security-cum-Movement Officer in Thungabathra Steel Products, Thungabathra Dam, Bellary District, Karnataka. During the year 1972 the petitioner was absorbed in Central Industrial Security Force (hereinafter called as "cisf") as Sub-Inspector. In 1978 he was promoted as Inspector and in 1987 as Assistant Commandant. In 1994 he was promoted as Deputy Commandant and on promotion he was posted as Deputy Commandant at IB Reserve Battalion, CISF, Ranchi, Bihar. In March 1996, he was transferred to Salem and posted as Deputy Commandant at the Salem Steel Plant. Suddenly, on February 22, 1997 the petitioner received a telex message from the second respondent which is to the effect that the petitioner is transferred from CISF Unit, Salem to the CISF Unit, Bokaro Steel Plant Unit at Bokaro, Bihar with immediate effect. Aggrieved by the said order of transfer, the petitioner has filed the present writ petition. It is contended that the petitioner was posted at Salem only in March, 1996 and as such there was no necessity to transfer him within a period of eleven months. There is no compelling necessity to resort to the transfer. It is also contended that since the petitioner who is a CISF personnel and completed more than 20 years of service or 50 years of age whichever is earlier, should he posted in his Home Zone only.

(3.) ON February 28, 1997 this Court has entertained the writ petition and granted stay for two weeks and it was subsequently extended from time to time. The second respondent has filed a petition to vacate the interim order as well as for dismissal of the main writ petition. In the counter affidavit it is contended that in the instant case of transfer of the petitioner is in conformity with the instructions issued as it is also on administrative grounds based on some complaints. The second respondent has received many complaints and in the larger interest of the administration in order to collect evidence, he has been shifter to Bokaro. The second respondent has effected such transfer on compelling grounds in the interest of the administration. In those circumstances, they prayed for dismissal of the main writ petition.