KUSHLA NAND SAMWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a Cook in the Central Industrial Security Force, posted at Salal Jyotipuram (J&K) questions his transfer to Panipat urging it, in violation of the Policy Guidelines on transfers, in that, his assured tenure of five years at his present place of posting, was curtailed by the transfer order. It is further indicated un-justified that he may not be able to get the treatment which he was getting at Jammu for the disease he has been suffering from.

(2.) ACCORDING to the respondents, the petitioner was estopped from questioning his transfer which was ordered pursuant to his own request for his posting at a station where he could get medical treatment. Copies of the records of the Minutes of Meeting dated 24.5.2011 recording petitioner's request for transfer to some other Unit during his personal interview with the Deputy Inspector General, Central Industrial Security Force (NZ) have been placed on records. Heard learned counsel for the parties and considered their submissions. The Policy Guidelines relied upon by the petitioner are non-statutory, hence unenforceable. The petitioner cannot, therefore, question his transfer for alleged violation thereof. Even otherwise, the Policy Guidelines permit transfer of CISF employees at any time before completion of his/her proposed tenure on administrative grounds/public interest. The Petitioner's claim for stay at his present place of posting to complete his tenure of five years is, therefore, found untenable.

(3.) IN view of the facts and circumstances of the case, when the petitioner is transferred on his own request and the medical facilities are available both at Panipat and Chandigarh, no case for interference with his transfer is warranted.