SARAT CHANDRA NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by one Sarat Chandra Nayak-petitioner, assailing the order dated 29.04.2020 (Annexure-9) by which his representation against the order of transfer from CRPF Range, Bhubaneswar to 239 Battalion of Jharkhand Sector of CRPF has been dismissed.

(2.) When the petitioner was transferred, he challenged the order of transfer before this Court in W.P.(C) No.2921 of 2020 on various grounds, including on the ground of illness of his wife. It may be significant to note that the petitioner was brought on approved list A/GD (Male)-01/2018 and released on promotion to the rank of HC/GD vide letter dated 24.06.2019 and subsequently allotted to Jharkhand Sector CRPF vide order dated 05.08.2019. He was then posted there vide order dated 12.09.2019. It was therefore he was required to be relieved on promotion subject to that he was having Shape-I medical category as per SO-04/2008. The petitioner submitted an application dated 26.12.2019 to the opposite parties for his retention for one year in the present place of posting on medical ground for providing treatment of his wife, which was forwarded to IGP Odisha Sector, CRPF with recommendation to allow him to continue at the present place till regaining SHAPE-I medical category or at least upto next summer chain transfer-2020. The request was considered and rejected by the competent authority vide order dated 09.01.2020. It was therefore directed to relieve him in the rank of Ct/GD in compliance to the order dated 21.06.2018. The petitioner then filed the writ petition challenging the aforesaid orders before this Court, which was disposed of vide judgment dated 28.01.2020. This Court keeping in view the facts and circumstances of the case, observed that the petitioner should file an affidavit undertaking to join at the transferred place, with promotion allowed him, in the middle of May, 2020, within a period of one week and directed the opposite parties to allow the petitioner to continue at his present place of posting subject to petitioner forgoing promotion till he joins at the place of his transfer making therein a request for withholding transfer him till at least summer chain transfer on postponement of promotion on critical illness of his wife supported with medical certificates. On the basis of affidavit submitted by petitioner, the opposite parties complied the aforesaid order and allowed his retention in Range, CRPF, Bhubaneswar till 15.05.2020. The Competent Authority taking note of this has rejected his representation vide order dated 29.04.2020, which is impugned in the present writ petition.

(3.) Having heard Shri S. S. Mohapatra, learned counsel for the petitioner, Shri A.K. Bose, learned Assistant Solicitor General for Union of India and on perusal of record, this Court find that as far as the original order of transfer is concerned, it was already challenged by the petitioner in the earlier writ petition and his writ petition was partly allowed with the direction indicated above. The opposite parties having acted upon the same, allowed him to continue at Bhubaneswar till 15.05.2020. Correctness of the transfer order therefore cannot be gone into again only because the subsequent representation filed by the petitioner has been rejected.