LAWS(MAD)-2018-6-1382

SOKKALINGA PANDIAN Vs. THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, MINISTRY OF RAILWAYS, RAIL BHAVAN, RAILWAY BOARD, RAISINA ROAD, NEW DELHI

Decided On June 27, 2018
Sokkalinga Pandian Appellant
V/S
The Director General, Railway Protection Force, Ministry Of Railways, Rail Bhavan, Railway Board, Raisina Road, New Delhi Respondents

JUDGEMENT

(1.) The petitioner is working as a Constable in Railway Protection Force since 1998. He was serving at Chennai up to 2007. He was transferred to Madurai Division in the year 2007. The petitioner underwent training in Bomb disposal and was posted in the Bomb disposal Squad in the year 2013. By the impugned order dated 19.01.2018, the petitioner has been transferred to Trichy division. Questioning the same, the petitioner has filed this Writ petition.

(2.) This Court granted an interim order of Stay on 02.02.2018. The official respondents have filed W.M.P.(MD) No. 5814 of 2018 to vacate the same. Since the interim order granted by this Court was not complied with, the Writ petitioner filed Cont.P.(MD) No. 407 of 2018. It was administratively directed that the Contempt petition could be taken along with the Writ petition and that is how the matter has been posted before this Court.

(3.) The learned Standing counsel appearing for the Railways pointed out that the petitioner is the member of an Armed Force. He is therefore expected to render complete obedience to an administrative order. In this case, he has only been transferred from Madurai to Trichy which is at the distance of 135 Kilometers. The learned Standing counsel further pointed out that the Hon'ble Supreme Court in more than one decision has held that the scope for interference in such matters is extremely limited. He placed particular reliance on the decision reported in AIR 2005 SCC 3341(J.K.Bansal v. Union of India) .