PANKAJ PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been preferred by the petitioner, Pankaj Prakash against the order dated 19th September, 2002, whereby he has been transferred from Barkakana to Chittaranjan by the Divisional Security Commissioner, Railway Protection Force (RPF), Dhanbad in pursuance of order passed by the Chief Security Commissioner -cum -DIG, RPF, Eastern Railway, Kolkata.

(2.) ACCORDING to the petitioner (a member of RPF), the respondents cannot transfer him from one zone to another without obtaining concurrence of the Director General, RPF, as per Section 91.2 of Railway Protection Force Act, 1957, which reads as follows ;

(3.) THE respondents have taken plea that the division of zone came into operation w.e.f. 1st October, 2002, but order of transfer was issued prior to the division of the zone on 19th September, 2002, therefore, Section 91.2 of the Railway Protection Force Act, 1957 is no applicable in the case of the petitioner.