Gauhati High Court
No. 061490082 Hc/Gd Anil Kumar Yadav vs The Union Of India And.5 Ors on 22 March, 2023
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010060642023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1588/2023
NO. 061490082 HC/GD ANIL KUMAR YADAV
PRESENTLY RESIDING AT SOS ROAD, NEAR SAINT CLARES CONVENT
HIGH SCHOOL, BORJHAR, P.O. AND P.S.- AZARA, DIST.- KAMRUP(M),
ASSAM, PIN- 781015.
VERSUS
THE UNION OF INDIA AND.5 ORS.
REPRESENTED BY THE SECRETARY OF HOME AFFAIRS, NEW DELHI-
110001.
2:THE DIRECTOR GENERAL
CENTRAL INDUSTRIAL SECURITY FORCE
(MINISTRY OF HOME AFFAIRS)
BLOCK-13
CGOS COMPLEX
LODHI ROAD
NEW DELHI- 110003.
3:THE ADDL. DIRECTOR GENERAL
CENTRAL INDUSTRIAL SECURITY FORCE
AIRPORT SECTOR HQR. CISF COMPLEX
MAHIPALPUR
NEW DELHI- 110037.
4:THE INSPECTOR GENERAL
CENTRAL INDUSTRIAL SECUTITY FORCE
AIRPORT SECTOR HQR. CISF COMPLEX
MAHIPALPUR
NEW DELHI- 110037.
Page No.# 2/3
5:THE ASSISTANT INSPECTOR GENERAL
CENTRAL INDUSTRIAL SECURITY FORCE
AIRPORT SECTOR HQR. CISF COMPLEX
MAHIPALPUR
NEW DELHI- 110037.
6:THE COMMANDANT
CENTRAL INDUSTRIAL SECURITY FORCE UNIT
AIRPORT SECURITY GROUP (ASG) GUWAHATI
Advocate for the Petitioner : MR. D BORAH
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 22-03-2023 Heard Mr. D. Borah, learned counsel appearing for the writ petitioner. also heard Mr. U.K. Goswami, learned CGC appearing for the respondents.
The petitioner has approached this Court assailing the transfer order dated 07-03- 2023 by means of which, the writ petitioner who is a Head Constable under CISF posted at the LGBI Airport, Guwahati has been transferred and posted at the SSG, Greater NOIDA.
According to the writ petitioner, this is a clear case of frequent transfer in violation of the policy guidelines followed by the CISF. Mr. Borah submits that pursuant to his posting at Guwahati, he has recently got both of his minor children admitted in a school at Guwahati by paying the requisite admission fees and therefore, shifting them at this stage would cause tremendous difficulty and harassment to the petitioner. According to Page No.# 3/3 the CGC the transfer of the writ petitioner is in the exigency of public service and on account of the fact that the petitioner is specially trained in VIP security.
It appears that the petitioner had submitted a representation dated 15-03-2023 before the Addl. Director General of Airport Sector, CISF ventilating his grievance in the matter. However, it appears that the said representation has not yet been disposed of. Be that as it may, since the petitioner has already submitted a representation expressing his difficulties before the competent authority, the same deserves to be looked into by the competent authorities.
As such, without expressing any opinion on the merit of the case, I dispose of this writ petition by providing that the respondent No. 3 may consider and dispose of the representation submitted by the petitioner, as expeditiously as possible, by a speaking order.
Till such time the representation is disposed of, status quo, be maintained as regards the posting of the writ petitioner.
A certified copy of this order be furnished to the respondent No. 3 within 03 days from today.
Writ petition stands disposed of.
JUDGE GS Comparing Assistant