Gauhati High Court
No.850820925 Hav/Gd Anup Kumar Khirali vs The Union Of India And 4 Ors on 23 September, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010118772020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3649/2020
1:NO.850820925 HAV/GD ANUP KUMAR KHIRALI
S/O- LT. B.C.KHIRALI, PRESENTLY POSTED AT GROUP CENTER, CENTRAL
RESERVE POLICE FORCE, AMERIGOG, GHY-23
VERSUS
1:THE UNION OF INDIA AND 4 ORS.
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI-110003
2:THE DIRECTOR GENERAL
CENTRAL RESERVE POLICE FORCE
CENTRAL GOVT. OFFICE COMPLEX
NEW DELHI- 110001
3:THE INSPECTOR GENERAL OF POLICE
NORTH EASTERN SECTOR
CENTRAL RESERVE POLICE FORCE
SHILLONG
MEGHALAYA
PIN- 793001
4:THE DY. INSPECTOR GENERAL
GROUP CENTRE
CENTRAL RESERVE POLICE FORCE
GHY
ASSAM
PIN- 781023
5:THE COMMANDANT
GROUP CENTRE
CENTRAL RESERVE POLICE FORCE
GHY
ASSAM
PIN- 78102
Page No.# 2/2
Advocate for the Petitioner : MR. A R TAHBILDAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 23-09-2020 Heard Mr. A.R. Tahbildar, learned counsel for the petitioner and Ms. A. Gayan, learned CGC for all the respondents.
The petitioner is serving as Havildar/General Duty in Central Reserve Police Force and presently is posted at CRPF, Group Centre, Amerigog, Guwahati. It is the case of the petitioner that by a signal dated 18.03.2019, the petitioner was transferred from CRPF, Group Centre, Amerigog, Guwahati to 112 Bn CRPF which is located in Jharkhand. It is submitted by the petitioner that as per office order dated 01.03.2018, the Havildar/General Duty below the age of 38 years only shall be deployed in Special Operation Zone whereas the petitioner is aged about 53 years. According to him, his posting at 112 Bn CRPF, located in Jharkhand, falls within Special Operation Zone. The petitioner has further projected that he is placed in Low Medical Category P2(P) and he has been suffering from cardiac problem. According to him, his transfer to a Special Operation Zone would be in violation of Standing Order no. 04/2008 dated 15.12.2008 as P2 category are fit for duties not requiring severe stress. Earlier, he has approached this Court by way of writ petition, WP(C) 4641/2019. This Court by order dated 28.06.2019, directed the respondent no. 2 herein to consider the representation of the petitioner submitted in regard to the aforesaid transfer within a period of 1 (one) month. Accordingly, the respondent no. 2 by his order dated 05.08.2019 had passed an order whereby the transfer of the petitioner was deferred for a period of 1 (one) year.
The petitioner in this writ petition by highlighting the above contentions, has sought relief for setting aside of the transfer order passed by signal dated 18.03.2019. Issue notice, returnable on 09.11.2020.
As Ms. Gayan, learned CGC has accepted notice on behalf of all the respondents, no formal notice need to be issued to the said respondents. Learned counsel for the petitioner shall, however, furnish requisite numbers of extra copies of the writ petition to the learned counsel for the respondents within 5 (five) working days.
JUDGE Comparing Assistant