Madras High Court
Comdt.Aks Panwar vs Indian Coast Guard on 27 March, 2014
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2014
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.19668 of 2013 and M.P.No.2 of 2013
Comdt.AKS Panwar, TM .. Petitioner
-vs-
1. Indian Coast Guard
through its Director General
Coast Guard Headquarters
National Stadium Complex
New Delhi 110 001
2. The Deputy Inspector General
The Principal Director (HRD)
Tatrakshak Mukhyalaya
Coast Guard Headquarters
National Stadium Complex
New Delhi 110 011
3. The Commander
Coast Guard Headquarters Region (East)
Near Napier Bridge
Chennai 600 009
4. The Commanding Officer
CGAS Chennai
Rudra Road
St.Thomas Mount
Chennai 600 016 .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records of the 1st respondent made in order of transfer Ref.No.OF/0303/0110-X dated 1.5.2013 and communicated by the 2nd respondent and the consequential order of rejection dated 25.06.2013 in Ref.No.OF/0110-X passed by 3rd respondent and communicated on 12.07.2013 by the 4th respondent and quash the same.
For Petitioner :: Mr.S.Silambanan
Senior Counsel for M/s Profexs Associates
For Respondents :: Mr.K.Mohanamurali
Senior Panel Counsel
ORDER
This writ petition has been filed by the Comdt.AKS Panwar, TM challenging the correctness of the impugned transfer order dated 1.5.2013 passed by the first respondent-Director General, Indian Coast Guard, wherein the petitioner-Comdt.AKS Panwar, TM has been transferred from Chennai to Nizampatnam on the ground that the impugned order is arbitrary and illegal insofar as the petitioner has been transferred within 14 months. Moreover, when the petitioner has come to Chennai on the basis of the earlier transfer order on 22.2.2012, without allowing the petitioner to complete the time stipulated in the transfer policy viz., allowed to stay for 24 to 60 months in soft station and for 18 to 24 months in hard station, the impugned order disturbing the petitioner before completing 60 months is liable to be set aside. It was also stated that although the amendment to the transfer policy classifying the station as hard station and soft station for the purpose of allowing an Officer to stay for a limited period of time has been introduced on 10.6.2013, however, the said scheme should be made applicable to the petitioner.
2. The learned senior counsel appearing for the petitioner, although had taken several other points for attacking the transfer order impugned in the present writ petition, without going to the merits of the matter, only made a request before this Court stating that his only son Mr.Abhimanyu Panwar, a sailor, is going to take part in a national laser event likely to be held from 15th to 19th July, 2014 at Hussain Sagar Lake, Hyderabad and he is also going to be a prospective candidate to secure the Laser Nationals 2014 popularly known as "Hyderabad Sailing Week". Therefore, if the petitioner is disturbed from Chennai to Nizampatnam, without giving minimum months time to settle down in the new place, the petitioner being the father of Mr.Abhimanyu Panwar, may not be in a position to extend his full support to enable his son to take part in the Hyderabad Sailing Week national competition. On this basis, he prayed for an indulgence from this Court to defer the transfer order till the end of July, 2014 and after July, the petitioner is prepared to go and join not only in the present place, but also in other places. The said statement is recorded.
3. Although a detailed counter affidavit has been filed by the respondents, Mr.K.Mohanamurali, learned counsel for the respondents, objecting to the said limited request of the petitioner, stated that it is an admitted case of the petitioner that his son Mr.Abhimanyu Panwar, a B.A. student of Jain University, Bangalore, is not presently staying with them at Chennai. Therefore, the request made by the petitioner to stay at Chennai is not going to help the petitioner's son to take part in the national competition. On this basis, he raised his objection.
4. This Court is unable to accept the objection raised by the learned counsel for the respondents. In fact, records have been produced before this Court by the learned counsel for the petitioner to show that the petitioner's son Mr.Abhimanyu Panwar is going to participate in the Laser Nationals 2014, popularly known as 'Hyderabad Sailing Week' to be held from 15th to 19th July, 2014 at Hussain Sagar Lake, Hyderabad.
5. A perusal of the credentials of the petitioner's son, as produced by the learned senior counsel, shows that the petitioner's son Mr.Abhimanyu Panwar, a B.A. student of Jain University, Bangalore started his sailing in December, 2007 and had participated in several national events since 2008. He had participated in the invitation cup regatta at Mumbai and finished 6th overall and 3rd in the team racing during December, 2008; participated in the Yachting Association of India multiclass regatta and international selection trials and stood 6th overall. He was also part of the India National squad 2009 and was recommended for representing India in international events till 31st December, 2009. He had represented India in Thailand for the IODA Asians 2010 during July, 2010. He had participated at laser national regatta at Hyderabad during July, 2011 and was awarded silver medal for overall 2nd in under 17 laser radial and bronze medal for finishing 3rd overall in under 19 laser radial. Moreover, he had participated in laser radial class in the laser National Sailing Championship 2012 at Hyderabad and achieved 8th position overall and 1st position (Gold medal) in Youth Class (under 19). He had also participated in the Merchant & Professional Regatta 2012 held at Chennai and achieved 1st position (Gold medal) overall in all classes of boats participating. He had participated in laser radial class in laser national sailing championship 2012 at Mumbai and achieved 1st position (Gold medal) in Youth Class (under 19). He had participated in the Coastal National Championship 2013 and achieved 3rd position (Bronze medal) in laser radial in the youth class (under 19). He had also participated in the laser national championship 2013 at Hyderabad and achieved 1st position (Gold medal) in laser radial in the youth class (under 19). He had participated in the merchant & professional regatta 2013 held at Chennai and achieved 1st position (Gold medal) overall in all classes of boats, besides participating in the Malaysian National Regatta 2013 and achieved 4th position in Laser standard in open class. He had also participated in the Malaysian International Regatta 2014 held at Langkawi from 13-16 Feb, 2014 and achieved 3rd position (Bronze medal) in the laser standard class. He had participated in the Sail the Gulf 2014 International held at Doha from 18-22 Feb, 2014.
6. As the petitioner's son Mr.Abhimanyu Panwar had secured several awards and sailing certificates, this Court is able to see that the petitioner's son is a meritorious sports person. Therefore, the petitioner's son needs to come and take his training in Chennai Sports Club to make himself ready to participate in the Hyderabad Sailing Week. In view of the above, if the petitioner is disturbed, most probably, he will not be able to help his son to actively take part in the Hyderabad Sailing Week going to be held at Hussain Sagar Lake, Hyderabad from 15th to 19th July, 2014. In view of the said reason placed before this Court, this Court, while confirming the impugned order, directs the respondents not to give effect to the impugned transfer order till 31.07.2014. Thereafter, the petitioner is directed to report for duty without asking any more extension. The writ petition is disposed of accordingly. Consequently, M.P.No.2 of 2013 is closed. No costs.
Index : no 27.03.2014
Internet: yes
ss
Office to Note: Issue order copy by 13.5.2014.
To
1. The Director General
Indian Coast Guard
Coast Guard Headquarters
National Stadium Complex
New Delhi 110 001
2. The Deputy Inspector General
The Principal Director (HRD)
Tatrakshak Mukhyalaya
Coast Guard Headquarters
National Stadium Complex
New Delhi 110 011
3. The Commander
Coast Guard Headquarters Region (East)
Near Napier Bridge
Chennai 600 009
4. The Commanding Officer
CGAS Chennai
Rudra Road
St.Thomas Mount
Chennai 600 016
T.RAJA, J.
ss
W.P.No.19668 of 2013
and M.P.No.2 of 2013
27.03.2014