Awanindra Madhawa Bajpayee S/o Late Ragubir Bajpayee resident of village Akhta, PO Akhta, PS Bargania, District Sitamarhi, Bihar - Petitioner @HASH Union of India, the Secretary Ministry of Home Affairs, Shastri Bhawan, North Block, PO and PS North Block,

JHARKHAND HIGH COURT 29 Mar 2016 Writ Petition (S) No. 3947 of 2015. (2016) 4 JBCJ 435 : (2016) 3 JLJR 567
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (S) No. 3947 of 2015.

Hon'ble Bench

Rongon Mukhopadhyay, J.

Advocates

Mr. Niranjan Kumar, Advocate, for the Petitioner; Mrs. A.R. Choudhary, CGC, for the Respondents

Final Decision

Dismissed

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

Mr. Rongon Mukhopadhyay, J. - Heard Mr. Niranjan Kumar, learned counsel for the petitioner and Mrs. A.R. Choudhary, learned counsel

for the Union of India.

2. The petitioner in this application has challenged the order dated 11.07.2015 passed by the respondent no. 4 whereby and where under the

petitioner has been transferred from 209, Cobra Battalion, CRPF, Khunti, Ranchi to GC, CRPF, Siliguri, W.B.

3. It has been submitted by the learned counsel for the petitioner that in terms of the standing order of the Directorate General, CRPF dated

31.01.2014, any tenure in Cobra Battalion is for a minimum period of 3 years extendable for 5 years. It is submitted that without any rhyme and

reason before expiry of the statutory period of 3 years, the petitioner has been transferred. He further submitted that the petitioner has given

representation, but the same has also not been considered.

4. Learned counsel for the respondents has submitted that on account of administrative exigency, a person can be transferred and considering the

same the order was passed transferring the petitioner from 209, Cobra Battalion, CRPF, Khunti, Ranchi to GC, CRPF, Siliguri, W.B.

5. The Standing Order which has been referred to by the learned counsel for the petitioner suggest that the Director General may issue any order

of transfer overriding the transfer policy due to operational or medical or administrative or any other exigency. In view of Clause 13 of the Standing

Order, the argument of the learned counsel for the petitioner that he was to remain stationed at 209, Cobra Battalion, CRPF, Khunti, Ranchi for at

least a period of 3 years gets negated.

Moreover, as has been submitted by the learned counsel for the petitioner that he has already joined his transferred post and considering the entire

aspects of the matter, this writ application sans merit is accordingly, dismissed.

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