Delhi High Court
Jai Singh vs Union Of India And Ors on 19 September, 2012
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: September 19, 2012
+ WP (C) No.5378/2012
JAI SINGH ..... Petitioner
Represented by: Mr.Ankur Chhibber, Advocate
versus
UNION OF INDIA AND ORS ..... Respondent
Represented by: Mr.Ravinder Agarwal with
Mr.Amit Yadav, Advocates
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE MANMOHAN SINGH
PRADEEP NANDRAJOG, J. (Oral)
1. The writ petition had come up for preliminary hearing on August 30,
2012 and since then we have adjourned the matter on as many as four
occasions, requiring the respondents to, sympathetically and with
practicality, consider the writ petition as a representation to the IG
(Personnel). Regretfully we are informed that the IG (Personnel) is not
preparing to relook into the matter. He takes the stand that if he does so, it
would bring indiscipline on account of the fact that when the IG (Personnel)
had directed the revocation of the transfer order passed in March, 2012
under which the petitioner was transferred from the 73rd Bn. at Srinagar to
the 139th Bn. at Chattisgarh, the petitioner suppressed the fact that he had
already been relieved from the 73rd Bn. at Srinagar.
2. Relevant facts to be noted by us would be that having successfully
cleared the selection process for being recruited as a Constable in a Central
Paramilitary Force and assigned to CRPF, after completion of training, the
petitioner joined the 134th Bn., CRPF in April, 2003 at Manipur. Being a
duty battalion, the petitioner could not take his family with him. The
battalion remained at Manipur till April, 2005 when it was moved to
Amritsar. Here also, the petitioner could not bring his family to reside with
him for the previous reason.
3. Remaining in Amritsar till the year 2007, the petitioner applied for
being considered to be appointed as a Sub-Inspector through Limited
Department Competitive Examination 2007. Successfully clearing the same,
he was appointed as a Sub-Inspector on September 19, 2007 and on
November 08, 2007, was posted to the 40th Bn., CRPF stationed at
Anantnag, where once again the petitioner could not bring his family.
4. On November 02, 2010, the petitioner was posted in the security of
the Prime Minister with the Special Protection Group (SPG). Here again,
the petitioner could not reside with his family inasmuch as it was not
permissible to do so. On February 22, 2011, the petitioner was promoted to
the post of Inspector and posted to 73rd Bn., CRPF stationed at Srinagar.
Here again, the petitioner could not reside with his family.
5. In March, 2012, the petitioner was transferred from 73rd Bn. stationed
at Srinagar to the 139th Bn. stationed at Chattisgarh; an insurgency infested
area.
6. Since April, 2003 till March, 2012, not once had the petitioner been
posted at a place where he could reside with his family. He desired that his
wife and children reside with him so that he could look after the educational
needs of his children.
7. Relieved from 73rd Bn. on April 24, 2012 and sanctioned 30 days
earned leave and 15 days transfer time i.e. 45 days, the petitioner was
supposed to join the 139th Bn. at Chattisgarh. But before he was relieved, he
made a request to the IG (Personnel) which was submitted through proper
channel i.e. Commandant of the 73rd Bn. CRPF. The request was made for
posting to a battalion where family accommodation was available and where
the petitioner could reside with his wife and children.
8. Forwarding the application of the petitioner and making favourable
comment thereon, the Commandant, D.S. Grewal, 73rd Bn., CRPF, on April
12, 2012 recommended the petitioner's request for a sympathetic
consideration by the IG (Personnel).
9. While on leave, somewhere in the month of May, 2012, the petitioner
was granted an audience by the IG (Personnel) who granted approval to the
recommendation of the Commandant of the 73rd Bn. (dated April 12, 2012),
directing that the transfer/posting order under which the petitioner was
posted to the 139th Bn. at Chattisgarh be recalled and the petitioner be posted
with 153rd Bn. at Motihari. We highlight that Motihari is also an insurgency
prone area. It is not that the petitioner is feeling shy to work in a hostile
area. The only difference is that at Motihari, it is permissible for the force
personnel to reside with their family because of availability of family
accommodation.
10. The order impugned in the writ petition is dated August 09, 2012
which directs the petitioner to be transferred to the 139th Bn. at Chattisgarh
and revokes the order dated May 18, 2012 whereby the IG (Personnel)
revoked the earlier order requiring the petitioner to be transferred to the
139th Bn. at Chattisgarh.
11. The stand taken by the IG (Personnel) is that when the petitioner met
him, the petitioner had suppressed the fact that he had been relieved from
73rd Bn. and had been posted to the 139th Bn.
12. This stand taken by the IG (Personnel) is not acceptable to us
inasmuch as it runs in the teeth of the recommendations dated April 12, 2012
by the 73rd Bn., CRPF, Chattisgarh where it stands categorically recorded
that the petitioner has been transferred to the 139th Bn.
13. It is obvious that the ego of the IG (Personnel) is now coming in his
way. Having committed an error, he feels that it is below his dignity to
remedy the same.
14. To commit an error is to do no wrong but to perpetuate the error is to
do a wrong. IG (Personnel) may have committed an error when he passes
the order dated August 09, 2012. He did no wrong. But by not correcting
himself, he is clearly wrong.
15. We dispose of the writ petition quashing the impugned order dated
August 09, 2012. We direct that the petitioner shall remain at Motihari and
posted at 153rd Bn. and that posting would be for the normal duration for
which the force personnel are posted, subject to exigencies of requirement of
the respondents.
16. The petitioner is also entitled to costs for a sum of `11,000/-.
(PRADEEP NANDRAJOG)
JUDGE
(MANMOHAN SINGH)
JUDGE
SEPTEMBER 19, 2012
SD
