Calcutta High Court (Appellete Side)
Murli Dhar Mishra vs Union Of India & Ors on 10 May, 2013
Author: Tapen Sen
Bench: Tapen Sen
10/05/2013
ARDR
WP 12054 (W) of 2013
Murli Dhar Mishra
Vs.
Union of India & Ors.
Mr. Kamlesh Jha, ... for the Petitioners.
Ms. Chandreya Alam, ...for the Union of India.
In this Writ Petition, the Petitioner prays for an Order
commanding upon the Respondents to recall the transfer order
by which he has been transferred from Siliguri to 171 Battalion at Dibrugarh in Assam.
During course of submissions, learned Counsel pointed out that he has been in Siliguri only for a period of two years. In paragraph 7, the Petitioner has stated that he has two daughters, one of whom is studying in Class XII preparing for competitive examinations and the other is in Class VI and at this juncture his transfer would be detrimental to the career of his daughters.
Ms. Chandreyi Alam, learned Counsel appearing for the Respondents, has pointed out, on the basis of instructions that she has received, that the Petitioner Murli Dhar Mishra has actually served a 'soft' posting for eight years and nine months and therefore, he has been sought to be transferred after the prescribed tenure of four years.
Under the provisions of the Guidelines of Transfer and Posting, issued by the Directorate General, C.R.P.F., it appears that clause 3(e) lays down that the competent transferring authority will have the right to transfer a person at any time irrespective of tenure on administrative grounds and in public interest.
In the instant case, the order of transfer of the Petitioner has been effected along with number of other persons and therefore, it cannot be said to be a transfer order passed as a measure of punishment or otherwise. It is evident that it has been passed in administrative exigencies. Consequently, this Court is not inclined to interfere with the Writ Petition.
However, if the Petitioner chooses to file a fresh representation and/or applies afresh for choice posting in terms of Clause 6(e) of the said Guidelines of transfer, the same will be considered on its own merits and in accordance with law.
The Writ Petition stands Dismissed.
If urgent certified copy of this Order, duly photocopied, is applied for by the parties, the same should be given expeditiously.
(Tapen Sen, J.)