Patna High Court - Orders
Indrajit Neogi (Force No.911650447) vs The Union Of India & Ors on 25 August, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14043 of 2011
Indrajit Neogi (Force No.911650447), son of Late Sitangshu
Neogi, resident of 170 Netaji Subhash Road, Sarkar Para, P.S.
Srirampur, Dist. Hoogly, at present posted as Sub Inspector
(Ministerial) Group Centre, Mokama Ghat,Patna.
---Petitioner
Versus
1. The Union Of India , through the Director General of Police,
CRPF, New Delhi.
2. The Director General of police, CRPF, New Delhi.
3. The Inspector General of Police Central Reserve Police Force,
Bihar Sector, Patna.
4. The Deputy Inspector General of Police, Group Centre Mokama
Ghat, Central Reserve Police Force , Mokama Ghat,Patna.
5. Assistant Commandant, Office of the D.I.G., CRPF, Group Centre,
Mokama Ghat, Patna.
---Respondents.
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02 25.08.2011Heard Mr. Manish Kumar, learned counsel for the petitioner and Mr. Raghib Ahsan, learned Assistant Solicitor General for the Union of India.
Petitioner is serving the Central Reserve Police Force ( for short 'CRPF') as Sub Inspector ( Ministerial). He is aggrieved by order dated 19th July, 2011(Annexure-3) issued under the signature of the Assistant Commandant in the office of Deputy Inspector General of Police, Group Centre, CRPF, Mokamaghat. By the said order the petitioner has been temporarily transferred to subsidiary Training Centre, Taralu, Bangalore ( Karnataka) and relieved w.e.f. 23.07.2011.
Learned counsel submits that the petitioner had joined the present assignment on 09.07.2008. On earlier occasion, by way of temporary arrangement, he was directed to serve Regional Pay and Accounts Office, Raipur, Chhattisgarh. On being relieved therefrom, he had joined his present post on 09.04.2011. It is contended that 2 another personnel in the category of the petitioner was earlier transferred by order dated 23.04.2011 (Annexure-1) to subsidiary Training Centre, Taralu, Bangalore ( Karnataka). He made representation before the respondent Inspector General of Police, CRPF, Bihar Sector, Patna. It is the case of the petitioner that his representation was allowed and the temporary shifting to Taralu was cancelled. It is contended that the Inspector General of Police while doing so formulated the guidelines in the matter of such temporary transfers in the category of service to which the petitioner belongs. It is also contended that he is not keeping good health and was earlier hospitalized. It is the stand of the petitioner that he has already filed representation before the Inspector General of Police (respondent no.3) (Annexure-4) but the authorities have not considered the same. Learned counsel for the petitioner states that the petitioner would be satisfied if the representation of the petitioner filed before Inspector General of Police (respondent no.3) is directed to be considered and disposed of in accordance with law.
Learned Assistant Solicitor General submits that such transfer even though temporary is all incidence of service. The employer best knows where the personnel can be deputed and in what manner his service can be utilized. On the pleadings on record it does not appear that any statutory provision has been breached in issuing the impugned order (Annexure-3).
I have heard the parties and perused the materials on record. From materials on record as also the submission made in support thereof, it does not appear that the respondents, in issuing 3 order of temporary transfer (Annexure-3), has violated any statutory and/or Rule provision governing the case of the petitioner. It has been contended on behalf of the petitioner that the Respondent no.3 ( Inspector General of Police) has formulated certain guidelines in the matter of such temporary transfer of Sub Inspectors serving the CRPF. Unfortunately the said order is also not on record. Petitioner seems to have filed representation basing his case on the said guidelines as it has been stated in paragraph no. 18 of the writ petition that several persons senior to him can be considered for such temporary transfer/postings.
Having heard the parties, this Court is satisfied that the present application be disposed of by the following order:-
Let the petitioner file fresh representation detailing his grievance before the Inspector General of Police, Central Reserve Police Force, Bihar Sector, Patna (respondent no.3) along with a copy of the present order within a period of 03 weeks from today whereafter the said respondent shall consider and dispose of the representation in accordance with law as quickly as possible preferably within a period of 04 weeks of its filing.
Sym ( Kishore K. Mandal, J.)