SUNIL DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H. Bezbarua, learned counsel for the petitioner. Also heard Ms. S. Barua, learned CGC for the respondent authorities.

(2.) The petitioner ASI Sunil Das bearing Force No. 913252003 was serving in the "G" Company of 120 Battalion of Central Reserve Police Force. During his tenure of service in the "G" Company of 120 Bn, an order dated 26.12.2019 was passed by the Commandant of 120 Bn that pursuant to the raising of a new battalion requiring providing for strength of one company from the Northern sector to the newly created 245 Bn for its operationalisation, the petitioner ASI Sunil Das was transferred to the newly created 245 Bn with immediate effect as replacement of No.850807476 ASI/GD Bhadreswar Kalita.

(3.) The said order of transfer is assailed on the ground that as per the standing order No.07- dated August 2015 of the Directorate General, CRPF, in Clause-6 thereof, a personnel who had completed 20 years of service but had not availed home zone or home state/choice post, will be transferred to the home state to the extent possible after ascertaining the three choice given by such personnel by way of inter-sector transfer within Adm Zones. Clause-6 is quoted as under:-