JOGINDER SINGH Vs. U.O.I.

JUDGEMENT

(1.) Being aggrieved of the impugned order dated 08.04.2010 passed by the learned Writ Court whereby declining to quash the order No. T.IX-5/2010-PPERS-D A.3 dated 24.03.2010 passed by the respondents vide which appellant/writ petitioner stands transferred from 72 Bn. CRPF Channi Himmat Jammu to 127 Bn. CRPF Orissa, he has preferred the instant Letters Patent Appeal. Since the respondents were on caveat, the same stands discharged after putting Mr. K. K. Pangotra, learned ASGI, on notice.

(2.) We have heard learned counsel for both the sides, perused the impugned judgment and the other relevant documents attached with the instant appeal.

(3.) Mrs. Kour, learned counsel for the appellant/writ petitioner, has contended before us that the appellant/writ petitioner has an unblemished record and for this reason he has been promoted from time to time from the rank of Sub Inspector to Commandant in December, 2007. Presently, he is working as Commandant, 72 Bn. CRPF Channi Himmat, Jammu. She then submits that he has now been transferred to Orissa not only in contravention of transfer policy, according to which, the minimum tenure of three years at a particular place of posting is the requirement, but on account of certain extraneous reasons as well. She submits that it is on the asking of respondent No. 4, respondent No. 2 has passed the transfer order as the appellant/writ petitioner was not having good/cordial relations with him (respondent No. 4) inasmuch as he had pointed out certain irregularities committed by him in discharge of his official duties. Learned counsel then submits that all these pleas were raised before the learned Writ Court, but have not been appreciated in the right perspective.