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2022 DIGILAW 177 (MAN)

Khoirom Prasanta Meetei v. Union of India

2022-09-08

M.V.MURALIDARAN

body2022
JUDGMENT 1. The writ petition has been filed seeking writ of certiorarified mandamus to quash the impugned transfer order dated 24.05.2021 and the PI training order dated 27.5.2021 in respect of the petitioner and to allow the petitioner to work in the M&N Sector HQ as Sub-Inspector/GD till 1.5.2025. 2. The case of the petitioner is that he joined as Constable, CRPF in the year 2007 and subsequently appointed as Sub-Inspector of Police, CRPF in the year 2013. Before appointment to the post of Sub-Inspector, he was posted at 14 Bn at J&K for more than 6 years in hard field area. After recruitment as Sub-Inspector, he was posted again at 14 Bn at Pulwama, J&K for 5 years in hard field area under the Southern Zone in KK Sector, then he was transferred to North East Zone in the year 2018 and allotted to Jorhat Sector and posted at Operational Sector for two and half years. Further he was transferred to Manipur and Nagaland Sector on 13.1.2021 on medical grounds for a tenure period of 4 years as per the Standing Order No.7/2015. While the petitioner was discharging his function in the office of the Inspector General of Police, HQ, M&N Sector for nearly 22 days, by the impugned transfer order, he was transferred again for Inter Sector to CoBRA Sector without completion of the tenure period of 4 years. Aggrieved by the same, the petitioner submitted a representation on 31.5.2021 and 2.6.2021 respectively seeking to cancel the transfer and posting, but the said representations have not considered till date. Hence, the writ petition. 3. Respondents 1 to 5 filed affidavit-in-opposition stating that considering the large number of vacancies in Special Operation Zone, CoBRA Units, 200 Sub-Inspectors/GD of various Units/Officers, including the petitioner, were allotted to CoBRA Sector vide impugned order dated 24.5.2021 for further posting to CoBRA Units, subject to successful completion of CoBRA PI training. The petitioner was intimated through the impugned signal dated 27.5.2021 that CoBRA PI training 28th Batch in respect of 60 Sub-Inspectors, including the petitioner scheduled from 21.6.2021 and directed to report to the training venue by 15.6.2021. 4. It is stated that on 31.5.2021 the petitioner submitted an application to cancel his transfer to CoBRA Sector on the ground of his domestic problems. 4. It is stated that on 31.5.2021 the petitioner submitted an application to cancel his transfer to CoBRA Sector on the ground of his domestic problems. In another undated application, the petitioner intimated that he is willing to attend Inspector Promotional Course and unwilling for induction for CoBRA. Since the petitioner expressed his unwillingness for induction in CoBRA, the matter was referred to DIG (Estt) on 3.6.2021 for decision and on 9.6.2021, DIG (Estt) has intimated that the petitioner be sent for IPC firstly being promotional course and thereafter, he will be detailed for CoBRA PI training. Accordingly, the copy of the signal dated 9.6.2021 of the DIG (Estt) addressed to CRO, M&N was sent to the petitioner on 10.6.2021 for further information. In the meanwhile, the petitioner has filed the present writ petition against the allotment to CoBRA Sector. It is stated that the contention of the petitioner for quashing his transfer order issued by the DIG (Estt) dated 24.5.2021 is neither justified nor tenable as his induction into CoBRA was subject to successful completion of CoBRA PI training. Since the petitioner has filed the writ petition in a hasty manner, the same is liable to be dismissed. 5. Assailing the impugned transfer order, the learned counsel for the petitioner submitted that the petitioner was transferred from the office of the OPS Jorhat to the M&N Sector on 13.1.2021 and was allotted to M&N Sector HQ dated 22.1.2021 and eventually joined the office of the IGP M&N Sector vide order dated 20.5.2021. 6. He would submit that as per the stipulations laid down in Para 4(viii) & (ix) of the Standing Order No.7/2015, the petitioner has to be posted under the M&N Sector for a period of 3 years in peace stations and 4 years for hard field area and a maximum period of 10 years Sector tenure and 14 years in a particular zone. Since the petitioner was transferred and posted to the office of the IGP M&N Sector vide signal dated 22.1.2021 and as per the provisions referred above the petitioner is yet to complete his normal sector tenure as well as the zonal tenure, the respondent authorities in violation of the Standing Order transferred the petitioner and allotted to CoBRA Sector. 7. Since the petitioner was transferred and posted to the office of the IGP M&N Sector vide signal dated 22.1.2021 and as per the provisions referred above the petitioner is yet to complete his normal sector tenure as well as the zonal tenure, the respondent authorities in violation of the Standing Order transferred the petitioner and allotted to CoBRA Sector. 7. The learned counsel further submitted that Para 9 of the Standing Order No.7/2015 deals with the induction into CoBRA and for the post of Sub-Inspectors the age limit is given as below 30 years. Since the petitioner is aged 34 years, induction into CoBRA does not arise and moreover, the petitioner is unwilling for induction into CoBRA training, as he has not completed the tenure period in the M&N Sector and that the impugned transfer is without proper application of mind and has been issued arbitrarily. Thus, a prayer is made to allow the writ petition thereby cancelling the impugned transfer order as well as the impugned PI training signal dated 27.5.2021. 8. Per contra, the learned counsel for the respondents submitted that due to exigencies of duties and large number of vacancies in CoBRA Units, 200 Sub-Inspectors including the petitioner were allotted to CoBRA Sector for further posting to CoBRA Units subject to successful completion of CoBRA PI training. Aggrieved by the impugned transfer, the petitioner submitted a representation requesting to cancel his transfer to CoBRA Sector on the ground of his domestic problems and also informed that he is willing to IPC training and unwilling for CoBRA training. His representation was forwarded to DIG (Estt) and vide signal dated 9.6.2021, the DIG (Estt) informed that the petitioner be sent first for IPC and then for CoBRA induction training. 9. He further submitted that pending writ petition, the petitioner submitted an undated application addressed to the IG (Pers), New Delhi which was received by the office vide CRO, M&N Sector dated 11.1.2022, wherein the petitioner requested to cancel his CoBRA allotment made vide impugned order dated 24.5.2021 on the ground of their infertility problems and allow the petitioner at M&N HQr. His application was forwarded to IG (Pers), New Delhi on 24.1.2022. On 20.1.2022, the IG, CoBRA issued signal intimating that 24th Batch of 12 weeks CoBRA PI training will be commenced at CSJW&T, Belgaum and the candidates are required to be reported there before 1.2.2022, including the petitioner. His application was forwarded to IG (Pers), New Delhi on 24.1.2022. On 20.1.2022, the IG, CoBRA issued signal intimating that 24th Batch of 12 weeks CoBRA PI training will be commenced at CSJW&T, Belgaum and the candidates are required to be reported there before 1.2.2022, including the petitioner. He submitted that on 25.1.2022, the case was taken up to DIG (Estt) under information to IG CoBRA PI training as well as the decision on the representation of the petitioner regarding cancellation of CoBRA allotment. Since no reply received, on 31.1.2022, a reminder was sent and the reply is awaited from DIG (Estt) Dte. Since the impugned transfer and allotment to PI CoBRA training are in accordance with the provisions and in public interest, the petitioner has no right to question the same. Thus, a prayer is made to dismiss the writ petition. 10. This Court considered the rival submissions and also perused the materials available on record. 11. The grievance of the petitioner is that he joined as Constable in CRPF in the year 2007 and was posted at 14 Bn CRPF and J&K for more than 6 years in hard field and, subsequently, he was appointed as Sub-Inspector of Police in the year 2013 and was posted at 14 Bn at Pulwama/Sopian, J&K for 5 years in hard field area. Then he was transferred to NEZ in the year 2018 and allotted to Jorhat Sector and posted at Operational Sector for two and half years. Thereafter, he was transferred to Manipur and Nagaland Sector on 13.1.2021 on medical ground for a tenure period of 4 years. While so, he was again transferred to CoBRA Sector without completion of tenure period of 4 years. Aggrieved by the impugned order, the petitioner has submitted representations and according to the petitioner, the representations have not been considered so far by the respondent authorities. 12. Before addressing the challenge to the impugned transfer order, the subsequent developments after filing the writ petition need to be mentioned. 13. When the writ petition came up for admission, this Court by the order dated 11.6.2021 suspended the impugned order allotting the petitioner to CoBRA Sector. Though the petitioner contended that his representation dated 2.6.2021 has not been considered, according to the learned counsel for the respondents, on 6.7.2021, the DIG (Estt) passed a speaking order on it rejecting the request of the petitioner. 14. Though the petitioner contended that his representation dated 2.6.2021 has not been considered, according to the learned counsel for the respondents, on 6.7.2021, the DIG (Estt) passed a speaking order on it rejecting the request of the petitioner. 14. It appears that on 11.1.2022, the petitioner submitted an application to the IG (Pers), Dte. Genl. CRPF, New Delhi through the CRO, M&N Sector requesting to cancel the CoBRA allotment made vide impugned order dated 24.5.2021 on the ground of their infertility problems and allow him to function at M&N HQr. The application of the petitioner was forwarded to the IG (Pers), Dte. Genl. CRPF, New Delhi on 24.1.2022 and the reply is awaited according to the learned counsel for the respondents. In the meanwhile, the IG, CoBRA on 20.1.2022 intimated that 24th Batch of 12 weeks CoBRA PI training will be commenced at CSJW&T, Belgaum and the candidates are requested to report the training centre before 1.2.2022, including the petitioner. When the reply is awaited from the IG (Pers), Dte. Genl. CRPF, New Delhi, the IG, CoBRA ought not to have passed an order on 20.1.2022 requiring the petitioner to report training before 1.2.2022. Since the respondents filed reply to the rejoinder filed by the petitioner narrating all these things, for the sake, the same has been stated by this Court in this order. 15. Coming to the challenge to the impugned order dated 24.5.2021, it appears that while the petitioner was discharging his function in the office of the IG, M&N Sector, Langjing, Imphal for hardly 22 days, the DIG (Estt) issued the impugned order thereby causing inter-sector transfer to CoBRA Sector from Manipur and Nagaland Sector and immediately after three days, the IG, CoBRA issued signal dated 27.5.2021 for PI training. 16. In regard to the transfer of CRPF personnel, the Directorate General, CRPF issued Standing Order No.7/2015. On a perusal of Para 4(viii), it is seen that the normal tenure in the field station is 4 years and for hard field area and peace stations is 3 years. Para 4(ix) stipulates that a person can serve in a particular Range/Sector for maximum 10 years and in particular Zone for 14 years. It is compulsory for a NGO to serve in a Zone other than his home Zone for a period of 14 years at least once in his full service. Para 4(ix) stipulates that a person can serve in a particular Range/Sector for maximum 10 years and in particular Zone for 14 years. It is compulsory for a NGO to serve in a Zone other than his home Zone for a period of 14 years at least once in his full service. Para 4(xiv) states that personnel should not be transferred prematurely and should be allowed to complete tenure except in exceptional cases with consent from Directorate. In Para 5(xvii), it is stated that whenever any transfer is ordered prematurely i.e. prior to completion of normal tenure, reasons justifying premature transfer shall be mentioned in the transfer order. 17. As could be seen from the impugned order, the reason for transfer stated by the DIG (Estt) is large number of vacancies in SOZ CoBRA Units. The said reason assigned b the DIG (Estt) is not convincing. 18. There is no dispute that pursuant to the representation dated 22.12.2020, the petitioner was transferred from the Operational Sector, Jorhat to Manipur and thereafter, vide signal dated 22.1.2021, the DIG (Adm) issued allotment of posting and upon relieving from the Operational Sector on 11.4.2021, the petitioner joined the office of the IGP, Manipur and Nagaland Sector only on 2.5.2021. Thereafter, the office of the IGP M&N Sector issued an order dated 20.5.2021. As stated supra, while discharging his function, the petitioner was transferred to CoBRA Sector from Manipur and Nagaland M&N Sector. 19. It appears that the petitioner discharged his duties in M&N Sector, Langjing, Imphal for only 22 days. Thus, transferring the petitioner within 22 days to CoBRA Sector is against the Standing Order No.7/2015. Only on medical ground i.e. infertility problem, the petitioner sought transfer from Jorhat Sector to Manipur. Since the transfer of the petitioner from Jorhat Sector to Manipur was on compassionate medical ground for a tenure period of 4 years as per the Standing Order No.7/2015, transferring him from Manipur M&N Sector to CoBRA Sector and then allotted for PI CoBRA induction training is arbitrary and in violation of the Standing Order No.7/2015. Therefore, this Court is of the view that the impugned transfer order dated 24.5.2021 and the subsequent order dated 27.5.2021 for PI training are not sustainable in the eye of law and the same are liable to be set aside. 20. Therefore, this Court is of the view that the impugned transfer order dated 24.5.2021 and the subsequent order dated 27.5.2021 for PI training are not sustainable in the eye of law and the same are liable to be set aside. 20. In the result, the writ petition is allowed and the impugned transfer order dated 24.5.2021 and the subsequent order dated 27.5.2021 for PI training in respect of the petitioner are quashed. Since the petitioner is continuing in the present post as per the interim order, the respondent authorities are directed to allow the petitioner on medical ground to work in the M&N Sector, HQ as Sub-Inspector of Police/GD till the tenure period of 4 years as per the Standing Order No.7/2015. No costs.