TARKESHWAR GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant appeal arises out of the writ petition filed by the appellant herein challenging the validity and the legality of the inter-divisional transfer order which was issued by the Additional Chief Security Commissioner, RPF, Eastern Railway under Force Order No. 171/2010 dated 22nd November, 2010 which was specifically mentioned in the subsequent order dated 25th November, 2010 by the Senior Divisional Security Commissioner, RPF, Howrah-I. The said writ petition was finally disposed of by the judgment and order dated 23rd December, 2010 passed by a learned Judge of this Court whereby and where under the said learned Judge dismissed the writ petition on merits. Assailing the said judgment and order passed by the learned Single Judge instant appeal has been preferred by the appellant herein. The appellant has also filed an application for stay in connection with the aforesaid appeal. We have heard both the appeal and the connected stay application in presence of the learned Counsel of both the parties.

(2.) The learned Counsel representing the appellant/petitioner submitted that the inter-divisional transfer order was issued to the appellant/petitioner by the authority concerned by way of punishment and the same casts stigma on the appellant/petitioner herein. THE learned Counsel of the appellant/petitioner submitted that the aforesaid punitive premature inter-divisional transfer order was issued to the appellant/petitioner without any show-cause notice or even granting any opportunity of hearing.

(3.) In the aforesaid written communication, Senior Security Commissioner, RPF, Eastern Railway specifically alleged that the appellant/petitioner herein due to his long tenure in and around Kolkata area has developed unethical and unwanted relations with criminals and receivers and has also been indulging in extortion of money and other corrupt practice.