KAMLENDAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing the instant application under Article 226 of the constitution, the petitioner, Kamlendar Singh, has sought to assail the order of transfer being North-East Sector Order No. 91/2008 dated 7th day of May, 2008 issued by the inspector General, Central Industrial Security Force " being respondent No. 3 herein.

(2.) GRIEVANCES, as ventilated in the present application, may briefly be stated as follows:-

(3.) TO his surprise, the respondent No. 3 issued an order of transfer dated 7th day of may, 2008, thereby shifting the petitioner from Burnpur to CISF Unit of ONGC, Nazira in the State of Assam. A copy of the said order, however, was not handed over to him. The petitioner was, thus, given posting at his home zone i. e. Rajasthan after completion of seven years of service and then again, after a period of four years i. e. in 2005, he was shifted to burnpur, West Bengal. The Circular published in 2008 relating to posting/transfer of the cisf Personnel (Head-Constable, Constable and Followers) by way of guidelines clearly mentions that during the 1st tenure of eight years, one has to be out of home zone. For the 2nd tenure of ten years, one is to be posted in the home zone. Then again, for the 3rd tenure of eight years, one has to be out of home zone. During the final or 4th tenure, one may be posted in home zone subject to availability of vacancies. The petitioner had already completed more than 10 years out of home zone and as such, is entitled to posting in the home zone. The impugned order of transfer is, thus, violative of the guidelines framed by the CISF. In view of such major infirmity in such order, the petitioner approached this court for direction upon the respondent authority to cancel/withdraw the said order.