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Judgment
LANUSUNGKUM JAMIR, J
(Video Conference)
Order 09.06.2021 Heard Mr. M. Devananda, learned counsel for the petitioner.
Issue notice.
Mr. Vijayanand Sharma, learned senior penal counsel enters appearance and accepts notice on behalf of all the respondents. As such, no formal steps
are required.
The petitioner is presently serving as Sub-Inspector in the Office of the Inspector General of Police, M & N HQr, Group Centre, Langjing, Imphal.
The petitioner by SIGNAL/SELO dated 13.01.2021 was transferred and allotted to M & N Sector on consideration of his request. Thereafter, by
another Signal dated 22.01.2021, petitioner was posted to M & N Sector HQr. Consequent upon his transfer the petitioner joint the M & N HQr. on
02.05.2021.
However, suddenly by another SIGNAL/SELO dated 24.05.2021, the petitioner along with 199 (one hundred and ninety nine) CRPF personnels were
allotted to CoBRA Sector with immediate effect for further sub-allotment to CoBRA Units. In the said Signal dated 24.05.2021, the name of the
petitioner appears at Serial No. 3 and his place of posting is also indicated wrongly as IG-OPS-JHT.
Mr. M. Devananda, learned counsel for the petitioner, submits that the petitioner has just recently joint to the M & N Sector HQr. on 02.05.2021 and
the impugned Signal dated 24.05.2021 is issued in violation of the standing Order No. 07/2015 particularly Para No. 4(viii), (ix), (xvii), Para No. 5 and
Para No. 9 (ii). He submits that as per Para No. 9 (ii), the eligibility for induction into CoBRA for Sub-Inspector is below 30 (thirty) years. However,
the petitioner is presently 34 (thirty four) years and therefore, he is not eligible for induction into the CoBRA. It is also submitted that whenever any
transfer is ordered pre-maturely, i.e. prior to completion of normal tenure, reasons justifying premature transfer shall be mentioned in the transfer
order. However, in the Impugned Signal dated 24.05.2021, no reason has been given for his transfer and his Unit/Office is also wrongly indicated as
IG-OPS-JHT.
Taking into consideration the submissions made by the learned counsel for the parties and in the interim, it is directed that Signal/Selo dated 24.05.2021
transferring the petitioner to CoBRA Sector shall remain suspended till the next returnable date. The respondents are also given liberty to consider the
Representations dated 31.05.2021 & 02.06.2021 made by the petitioner and addressed to the Inspector General of Police, M & N Sector, CRPF,
Imphal Manipur and the Deputy Inspector General (Estt.), Director General CRPF, CGO Complex, Lodhi Road, New Delhi.
List the matter again on 07.07.2021. In the meantime, the respondents are allowed to file counter affidavit.
Furnish a copy of this Order to the learned counsel for both the parties through their respective e-mails/whatapps.
RAJKUM Digitally signed by RAJKUMAR PRIYOJIT SINGH DN: c=IN, o=High court of AR manipur, ou = HIGH COURT OF MANIPUR,
pseudonym = f4c2dc1e6523287d71 91474520fdea810aea3dbd389266 PRIYOJIT 7382727c0bc7feaada, postal Code=795002, st=MANIPUR, serial
Number=4b3fb011d5ab7a48 771e2ed5a0b5b95e75ce0a58008f SINGH 265840361e8df078740f, cn=RAJKUMAR PRIYOJIT SINGH Date:
2021.06.11 10:43:21 +05'30' JUDGE joshua