Sri Jayanna N vs Union Of India By on 19 July, 2017

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Karnataka High Court

Sri Jayanna N vs Union Of India By on 19 July, 2017

Bench: L. Narayana Swamy

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 19th DAY OF JULY, 2017

                       BEFORE

      THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY

         WRIT PETITION No.27013 OF 2017(S-TR)

BETWEEN:

SRI.JAYANNA.N
AGED ABOUT 38 YEARS
HAVING CISF NO.034430242 AND
WORKING AS CONSTABLE AT CISF UNIT
MCF, HASSAN, KARNATAKA
                                     ... PETITIONER
(BY SRI.PRASHANTH.S, ADV.,)

AND:

1.     UNION OF INDIA BY
       MINISTRY OF HOME AFFAIRS
       NORTH BLOCK
       CENTRAL SECRETARIAT
       NEW DELHI - 110 001.

2.     THE DIRECTOR GENERAL
       CISF FHQS, NEW DELHI
       PIN - 110 001.

3.     THE INSPECTOR GENERAL(SS)
       HEADQUARTERS
       CHENNAI - 600 090.

4.     THE DEPUTY COMMANDANT
       CISF UNIT, MCF, HASSAN, KARNATAKA
       PIN CODE : 583 201.
                              2


5.   THE SENIOR COMMANDANT
     THE OFFICE OF THE SENIOR COMMANDANT
     CISF, SATHISH DHAWAN SPACE CENTRE
     SRIHARIKOTA, NELLUR DISTRICT
     ANDRAPRADESH - 524 124.
                                  ... RESPONDENTS
(BY SRI.L.HARISH KUMAR, ADV.)

      THIS W.P. IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE MEMORANDAM DATED: 09.03.2017 ISSUED BY R-
4 AT ANNEXURE-A AND ETC.

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING


                          ORDER

The petitioner in this writ petition sought to quash office memorandum dated 09.03.2017 issued by 4th respondent vide Annexure-A and also to quash transfer order dated 04.06.2017 issued by 4th respondent and also to quash the order dated 02.069.2017 issued by 5th respondent and also sought to quash order dated 22.04.2017 issued by 4th respondent and to issue direction to the respondents to keep the petitioner in the present place of posting till the next year. 3

2. It is the case of the petitioner that petitioner is working as Constable at CISF unit, MCF, Hassan and he was posted to the present place of work i.e., CISF Unit, MCF, Hassan on 20.06.2013 and it is also case of the petitioner that wife of the petitioner is working as Constable and now she is working at Singatagere, Chikkamagaluru. When things stood thus, the petitioner has been transferred from CISF unit at MCF, Hassan to NLC, Neyveli, Tamilnadu. Hence, he has filed the present petition. The wife of the petitioner is a patient and she is suffering from hyper tension. Hence, sought to quash the transfer orders.

3. Sri. L. Harish Kumar, learned counsel for the respondents sought to dismiss the writ petition on the ground that the petitioner has been transferred on the ground of mis-conduct and mis-behaviour. 4

4. I have heard the learned counsel for both the parties and perused the materials available on record. It is seen that the transfer order has been passed by the 4th respondent on the ground of public interest. The order passed by the 4th respondent is sound and proper and does not call for interference by this Court. Accordingly, petition is dismissed.

Sd/-

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