NETRA PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are the Constables in Railway Protection Force and are aggrieved against the order dated 6. 9. 1999 and 8. 9. 1999 perporting to transfer them to Railway Protection Special Force (here-in-after referred to as the Special Force ).

(2.) THE challenge is made mainly on the ground that they cannot be transferred to special force which is a separate cadre to one where the petitioners are posted. THE Railway Protection Force is governed by the Railway Protection Force Rules, 1987 (here-in- after referred to as the Rules) and there are three branches on a Zonal Railway, namely; Executive Branch, Prosecution Branch and Fire Service Branch with their definite functions.

(3.) THERE are many zones in RPF all consisting of three branches as mentioned above. Rule 17 deals with Executive Branch, Rule 18 and 19 deals with the Prosecution and Fire Service Branch respectively. Rule 22 empowers the Director General as Head of the forces to take all possible steps for co-ordinated and integrated growth of infrastructural facilities for the development and welfare of the force. Rule 22. 3 reads as under:- "22. 3 The Director General shall scrutinize the various proposals in the budget estimates of the Force, as submitted by the General Managers of the railways to the Central Government, and make his own assessment and recommendations in respect of allotment of funds and issue such directions in this behalf to Chief Security Commissioner concerned as he may consider necessary.