M JOHN VINCENT Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for records of the first respondent in No.T.IX.42/07-ADM.I dated 28.12.2007 and quash the same and direct the respondents to retain the petitioner in service at the office of the second respondent.

(2.) THE writ petition has been filed by the Assistant Sub Inspector in Central Reserve Police Force aggrieved by the order of transfer dated 28.12.2007 transferring him from G.C.Avadi to 12 Battalion. According to the affidavit filed in support of the writ petition, the order of transfer has been passed in the middle of the academic year which is contrary to the Standing Order No,5/2003 dated 10.10.2003. In other words, according to the petitioner, the transfer order should be issued in the end of the academic year (i.e.) in the month of April. He would have no grouse on the order of transfer, if it is as per the Standing Order. Petitioner further states that he has two daughters studying in school and therefore, it is not possible to get admission in the middle of the academic year. Hence, the writ petition.

(3.) THE main grievance of the writ petitioner is that the order of transfer dated 28.12.2007 has been passed in violation of rule 2 of the Standing Order 5/2003 dated 10.10.2003 which reads as follows:-