Om Parkash Tokas vs The Union Of India And 7 Ors
2023 Latest Caselaw 2361 Gua

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GAHC010120382023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/197/2023

         OM PARKASH TOKAS
         S/O SRI VIRBHAN TOKAS,
         PRESENTLY RESIDENT AT KUKURMARI, DHALIGAON, DIST.- CHIRANG,
         ASSAM.
         (POSTED AS COMMANDANT, 156 BN, CRPF, IRLA NO. 4798, CHIRANG,
         ASSAM).
         PERMANENT RESIDENT OF H.NO. 22-B, MUNIRKA VILLAGE, NEW DELHI,
         PIN- 110007.


         VERSUS

         THE UNION OF INDIA AND 7 ORS.
         REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW
         DELHI, PIN- 110001.

         2:THE DIRECTOR GENERAL
          CENTRAL RESERVE POLICE FORCE
          CGO COMPLEX
          LODHI ROAD
          NEW DELHI-110003.

         3:THE SPECIAL DIRECTOR GENERAL
          CENTRAL ZONE
          CRPF
          SECTOR-III
          SALT LAKE
          KOLKATA-106.

         4:THE INSPECTOR GENERAL OF POLICE (PERS)
          CRPF
          C.G.O. COMPLEX
          LODHI ROAD
          NEW DELHI-110003.
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             5:THE INSPECTOR GENERAL
             WB SECTOR
              CRPF
             WEST BENGAL-700106.

             6:THE INSPECTOR GENERAL
              NE SECTOR
              CRPF
              SHILLONG-793001.

             7:THE DIG RANGE SILIGURI
              CRPF
             WEST BENGAL-734012.

             8:THE DIG (OPS) LOWER ASSAM
              BONGAIGAON
             ASSAM
              PIN- 783385

Advocate for the Petitioner   : MR. D GOGOI

Advocate for the Respondent : DY.S.G.I.




                                    BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 05-06-2023 (M. Zothankhuma, J)

Heard Mr. S Dey, learned counsel for the appellant, who submits that the appellant has been transferred vide impugned order dated 11.05.2023, in violation of the guidelines of the CRPF, which governs the transfer of its officers, providing that three years would be the normal tenure to any post.

The appellant's counsel submits that after being promoted to the post of Commandant, the appellant was posted at Avadi, Chennai on 09.06.2017. On 31.12.2017, the appellant was posted at 97 Bn, RAF/CRPF. Thereafter, the appellant was posted in the office of the IGP, Odisha Sector at BBSR, Odisha on Page No.# 3/3

22.02.2019. After completion of two years, the appellant was transferred to 156 BN, CRPF, Kukurmari, Dhaligaon, Chirang District, Assam on 04.12.2021. Though the appellant is to retire on 30.04.2024, the appellant has been issued the impugned transfer order dated 29.05.2023, even though he has less than eleven months of service.

On considering the above facts, this Court is of the view that the reasons for the said transfer should be brought to the notice of this Court. Accordingly, Mr. RKD Choudhury, learned Deputy SGI is granted a week's time to obtain instructions in this matter.

List the matter after a week.

In the interim, the impugned order dated 11.05.2023 and the judgment and order dated 29.05.2023 passed in WP(C) No. 3058/2023 shall remain stayed till the next returnable date.

                                        JUDGE                         JUDGE




Comparing Assistant