L. IMOCHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to set aside the Signal bearing No.T.IX-46(SCT)/2019-CZ-ADM-1, dtd. 13/2/2019, the Signal bearing No.T-IX-1(SCT)/2019-CS-Adm-1, dtd. 28/2/2019 in respect of the petitioner and the impugned order bearing No.T-IX-1(SCT)/2019-CS-Adm-1, dtd. 7/6/2019 and to direct the respondents to permit the petitioner to complete his tenure in 109 Bn under the Central Zone in view of Para No.4(vii) and (ix) of the Standing Order dated 07/2015.

(2.) The case of the petitioner is that he was presently posted to 87 Bn CRPF at Jiribam and attached to the Composite Hospital, CRPF at Imphal and has been performing his duties when the respondent authorities issued the Signal dtd. 13/2/2019, thereby allotting Inter Zonal Transfer of 1039 personnel of various Zonal Units to Central Zone for further posting. Before issuance of the Signal dtd. 13/2/2019, the petitioner submitted his choice for posting at 109 Bn or 143 Bn, which was reflected in the Signal dtd. 13/2/2019. After issuance of the Signal dtd. 13/2/2019, the petitioner submitted a representation dtd. 21/2/2019 to the Inspector of Police requesting for posting to 109 Bn on medical ground of his ailing wife. The said representation was not favourably considered and the petitioner was transferred and posted to 162 Bn at J and K vide the Signal dtd. 28/2/2019. Aggrieved by the Signal dtd. 28/2/2019, the petitioner filed W.P.(C) No.385 of 2019 for setting aside the Signals dtd. 13/2/2019 and 28/2/2019 respectively. The said writ petition was disposed of on 15/5/2019, thereby directing the respondents to consider and dispose of the representation dtd. 21/1/2019 and in the said writ petition it was ordered that till the representation is considered by the respondent authorities the Signal dtd. 28/2/2019 shall remain suspended in so far as the petitioner is concerned. Thereafter, the petitioner was issued with the impugned Signal dtd. 7/6/2019 accommodating him to 109 Bn for a period of one year but not allowing to complete his tenure as prescribed in Para No.4(viii) and (ix) of the Standing Order dated 07/2015 illegally and arbitrarily. Challenging the same, the petitioner has filed the present writ petition.

(3.) The Respondents filed affidavit-in-opposition stating that while the petitioner was posted at 87 Bn, he was allotted on transfer to Central Zone on 31/1/2019 and subsequently, he was sub-allotted to Central Sector vide order dtd. 13/2/2019 for further posting. Accordingly, the petitioner has been transferred from 87 Bn to 162 Bn and that on being transferred to 162 Bn, the petitioner filed W.P.(C) No.385 of 2019. In consideration of the direction issued in the said writ petition and taking note of the illness of his wife, an order for transfer of the petitioner from 87 Bn to 109 Bn for one year on compassionate ground was issued vide order dtd. 7/6/2019. Accordingly, the petitioner reported duty at 109 Bn on 9/11/2019 and taken into strength of the Unit on the same date. But the petitioner has failed to comply with the later part of the same order wherein he has to be transferred out after completion of one year. Hence, the plea of the petitioner to stay in 109 Bn beyond his retention period i.e., one year after 8/11/2019 is against the provisions contained in the Standing Order dated 07/2015 and thus, prayed for dismissal of the writ petition.