Force No. 065323264 Asi/Ministerial Pravin Kumar Jha vs Union Of India And 4 Ors.

Heard R Mazumdar, the learned counsel for the writ petitioner and Mr. KK Parashar, the learned CGC for all the respondents.

The writ petitioner has approached this Court challenging his transfer and posting which was issued vide order dated 18.03.2018 by the Deputy

Inspector General (Ministerial), North East Sector Headquarter. By the said order, the petitioner who is an Assistant Sub-Inspector (Ministerial) has

been posted from the Range Headquarter at Guwahati to 53rd Battalion located in the State of Jammu and Kashmir. Against the said posting, the

petitioner filed a representation before the Inspector General of Police, Central Reserve Police Force ( CRPF), North East Sector, Shillong

(respondent No.3) to re-consider his posting at either 128, 175 or 136 Battalion of the CRPF. The said representation was however rejected by the

said authority and the same was communicated by the Deputy Inspector General (Administration) North East Sector by giving the reason that the

petitioner’s posting from Range Headquarter at Guwahati to the 53rd Battalion of the CRPF was ordered during the Summer Chain Transfer,

2018, as per the transfer policy. As the petitioner had been availing posting in the North East Sector continuously from 26.07.2010 i.e. for almost 8

years while being mostly based at Guwahati, his request could not be accepted and that no vacancy in the place of his choice was available. Hence,

the transfer order was affirmed.

Thereafter, the petitioner submitted another representation to the respondent No.3 on 28.04.2018 for his retention at the Range Headquarter at

Guwahati for another year against the two available vacancies in the post of Assistant Sub-Inspector (Ministerial). In the alternative he requested that

he may be allowed to be posted either in 60/112/196 Battalion of the CRPF which were stationed at

Jharkhand. However, his representation was again rejected vide Signal dated 11.06.2018 with a copy to him. Aggrieved, the petitioner has filed the

present writ petition.

On 21.06.2018, when the writ petition was moved, the Court passed the following order:

“ Heard Mr. R Mazumdar, learned counsel appearing for the petitioner.

Mr. KK Parashar, learned counsel for the respondent prays for some time for taking instruction as to whether the petitioner can be accommodated at

Jharkhand.

List the matter again on 13.07.2018.

Till the next date, the transfer order dated 18.03.2018 and other consequential orders shall remain stayed in so far as the petitioner is concerned.â€​

Today, Mr. KK Parashar, the learned CGC has produced the instructions that he has received which is in the form of a WT Message dated

11.07.2018. The contents of the WT Message may be abstracted as below:

“U/C (.) W.P. ( C) No.4128/2018 filed by No.065323264 ASI (M) Pravin Kumar Jha of Range Hqr, CRPF, Guwahati v/s UOI/ Others in the

Hon’ble Gauhati High Court against his transfer to 53 Bn. (.) Pse refer to Org Dte Signal No.T-IX-39/2018-Min-DA-3 dtd 02.07.2018 (.) No

vacancy in the rank of ASI /M exist in JKD based units (66/112/196 Bn) of this Sector (.). Hence, it is not possible to accommodate above official to

JKD based units of this Sector from this end (.)Therefore transfer of above petition may be decided at yr end to accommodate his at JKD based unit

of other Sector, if so requd later on the basis of direction of Court pseâ€​

Referring to the contents of the WT Message, Mr. R Mazumdar, the learned counsel for the petitioner submits that although there may not be any

vacancy in the 66/112/196 Battalion of the CRPF but nevertheless, the Inspector General of Police , Central Reserve Police, North East Sector

(respondent No.3) has informed that the transfer of the petitioner may be taken up at the Directorate level to accommodate him at any Jharkhand

based unit of other Sector if the same was permitted by the Court. He therefore submits that as suggested by respondent No.3 the Directorate may be

directed to consider the petitioner’s case as has been reflected in the WT Message.

Mr. KK Parashar, the learned CGC on the other hand submits that it is clear from the WT Message that the petitioner cannot be accommodated for

want of vacancy in the Jharkhand based unit in so far as North East Sector is concerned and the grievance of the petitioner having duly been

considered on earlier occasions, further consideration by the Directorate may not be called for.

Mr. R Mazumdar however submits that there are clear provision provided by the form of standing orders issued by the respondent authorities

themselves. Be referring to paragraph-19 of the Standing Order No.3 of 2016 which has been annexed as Annexure-11 to the writ petition, he submits

that there is clearly a provision which enables the Director General to grant relaxation in any or all provisions of tenure and eligibility criteria

prescribed in the transfer policy and can also order posting of any other of official/ officer within the force at any time. He therefore submits that the

petitioner is not asking any relief beyond what has been provided in the standing order and in fact it is a settled principle of law that if certain

provisions has been provided by the statute to be done in certain manner, it has to be done in that manner and not in any other manner. In making this

submission, he refers to the case of Chandan Kishore Jha â€"vs- Mahavir Prasad & Ors reported in (1998) 8 SCC 266.

I have considered the submissions advanced by the learned counsel for the rival parties. Having regard to the limited prayer made by the learned

counsel for the petitioner and as well as considering the provisions provided in the Standing Order as has been referred to, I am of the considered

opinion that instead of entering further into the controversy in detail, the respondent authorities concerned i.e. the Director General, Central Reserve

Police Force, Central Government Office Complex, New Delhi (respondent No.2) should consider the prayer of the petitioner in re-allocating his

transfer and posting to any Jharkhand based unit of other Sector as suggested by the Inspector General of Police, North East Sector at Shillong

(respondent No.3) . It is ordered accordingly.

Let such consideration be done by the respondent No.2 within a time frame of 4(four) weeks from the date of receipt of a certified copy of this order.

On making such decision, the same shall be communicated to the petitioner. It is further provided that the till such decision is taken, status quo as on

date in so far as transfer and posting of the petitioner is concerned in terms of the communicated dated 18.03.2018, shall be maintained or in other

words the interim order dated 21.06.2018 passed by this Court shall continue.

Writ petition accordingly disposed off.