E. SUSHIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed to issue a writ of certiorarified mandamus to quash the orders dtd. 9/6/2020 and 1/7/2021 and the undated movement order and to allow the petitioner to proceed on voluntary retirement as per Rule 43 d(1) and (vi) of the CRPF Rules, 1955 from 69 Bn by accepting the application dtd. 5/4/2021.

(2.) The case of the petitioner is that in the year 2020 when he was under attachment to the Central Swimming Team at the GC Gurugram, the impugned order dtd. 9/6/2020 was issued, thereby proposing to transfer and post him at GC Ranchi. Despite the petitioner having problems of his mother suffering from heart disease associated with old age and his child suffering PRETERM/VLBW/Neonatal sepsis (Candida non albicans)/Anaemia of prematurity/NNJ, the petitioner was sincerely attending his duties. According to the petitioner, he was eligible for proceeding on voluntary retirement on completion of 20 years of service as per Rule 43 (d) (1) of the CRPF Rules and, in fact, on 5/4/2021, he had submitted an application to the Commandant 69 Bn CRPF requesting to forward the same for proceeding on VRS to the competent authority and for its acceptance. According to the petitioner, no action was taken on the said representation till date, instead, by the order dtd. 1/7/2021, the petitioner was transferred to GC Ranchi by striking from the strength of 69 Bn with effect from 25/6/2021. A communication dtd. 5/8/2021 was also sent to the Digcent GC Gurugram to relieve the petitioner and consequently, an undated movement order was issued by the Deputy Commandant GC, Gurugram directing the petitioner to move to GC Ranchi. Challenging the same, the petitioner has filed the present petition.

(3.) The respondents filed affidavit-in-opposition stating that after completion of the normal tenure in 69 Bn, the petitioner was transferred to GC Ranchi as per IG, CRPF Jharkhand Sector Signal dtd. 9/6/2020 during Summer Chain Transfer 2020. Since the petitioner was attached with Central Swimming Team at GC Gurugram and was not likely to report to 69 Bn for further relief on transfer to GC Ranchi, the case was taken up with IG, CRPF, Jharkhand Sector to relive him on paper strength. Accordingly, IG, CRPF, Jharkhand Sector vide order dtd. 25/6/2021 permitted 69 Bn to relieve him on paper strength and the petitioner was relieved with effect from 25/6/2021 to GC Ranchi vide order dtd. 1/7/2021.