Madras High Court
Sarath Babu vs The Director General on 16 August, 2023
W.P.No.20613 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.No.20613 of 2022
and
W.M.P.No.19743 of 2022
Sarath Babu ... Petitioner
Vs.
1.The Director General,
CRPF, CGO Complex,
Lodhi Road,
New Delhi – 110 003.
2.The Deputy Inspector General Police,
Signal Range, CRPF,
HC Block Sector-III,
Salt Lake, Kolkota,
West Bengal – 700 106.
3.The Commandant,
2nd Signal Battalion,
GC Campus, CRPF,
Keshovgiri,
Hyderabad – 500 005.
4.The Commandant,
1st Battalion, CRPF,
Jharoda Kalan,
New Delhi – 110 072.
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W.P.No.20613 of 2022
5.The Commandant,
77 Bn, CRPF,
Special Jail Complex,
Poonamallee,
Chennai – 600 056. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus to call for the records
pertaining to order dated 8.07.2022 issued by the 1st Respondent in
proceedings No. 1/2022- COMM- DTE- CDA-14- COM-DG transferring
the petitioner from 2 Signal Bn Platoon at 77 Battalion, CRPF,
Poonamallee, to 1st Signal Battalion at New Delhi and quash the same in
so far as petitioner concerned and directing the 5th respondent to allow
him to continue in 77 Battalion, CRPF, Poonamallee till completion of his
normal tenure of 3 years as he reported on transfer from hard area
Sukhma, Chattisgarh.
For Petitioner : Mrs.Rita Chandrasekar
for M/s.R.Meenakshi
For Respondents : Mr.S.Diwakar
Senior Panel Counsel
ORDER
This writ petition has been filed challenging the order of the 1st
respondent, dated 08.07.2022, transferring the petitioner from 2 Signal Bn
Platoon at 77 Battalion, CRPF, Poonamallee, to 1st Signal Battalion at
New Delhi and to direct the 5th respondent to allow the petitioner to
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W.P.No.20613 of 2022
continue in 77 Battalion, CRPF, Poonamallee, till completion of his
normal tenure of 3 years, as he reported on transfer from hard area
Sukhma, Chattisgarh.
2.The petitioner states that he was appointed as Constable
(General Duty) on 03.03.2003 in Central Reserve Police Force (CRPF).
Consequent to his success in the departmental test for the post of Head
Constable/Crypto during the year 2007, the petitioner went for training at
CTC-T-IT, Ranchi, Jharkhand. Thereafter, he was posted to 4th Signal Bn
and further, posted to 2 Signal Battalion. Though he was posted in Signal
Battalion, he served in duty Battalions deployed at various places in the
country as follows :
Sl. From To Unit/Office Place
No.
1. 24.03.2003 22.05.2004 143 Bn Basic Training at Pallipuram,
Kerala.
2. 22.05.2004 15.01.2007 143 Bn Sunderbani (J&K)/Kashmir
3. 15.01.2007 26.07.2007 CTC-T-IT Ranchi Jharkhand
th
4. 26.07.2007 22.07.2014 4 Signal Nimach(MP)/New
Delhi/Gujarat/Bawana (New
Delhi)/Jharkhand
5. 22.07.2014 22.12.2014 2 Signal Bn Hyderabad
6. 22.12.2014 01.06.2018 2 Signal Bn Peringom (Kerala)
7. 01.06.2018 24.08.2021 2 Signal Bn Sukma (Chattishgarh)
8. 24.08.2021 Till date 2 Signal Bn 77 Bn, CRPF at Poonamallee,
Tamil Nadu
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W.P.No.20613 of 2022
The petitioner reported in 77 Battalion, CRPF, Poonamallee, during the
month of August, 2021, on transfer from Sukhma (Chattishgarh). On
reporting, he applied for outliving permission to keep his family outside
the campus for his father's treatment and the same was granted to the
petitioner vide Office Order No.18/2021-QM(G)-QM1-STR-077 Bn,
dated 13.11.2021, by the 5th respondent. The petitioner brought his family
from home town, i.e., from Kerala, and settled near his Battalion
Headquarters at Poonamallee, Chennai, and he admitted his son in IV
Standard in Sudharsan Vidhyadarshan School, Avadi, during the month of
December, 2021. The petitioner has completed only 10 months tenure at
Poonamallee, Tamil Nadu, however, according to the norms, the tenure of
posting is 3 years, but he has been transferred to 1st Signal Battalion,
CRPF, New Delhi. In this regard, a representation has also been given by
the petitioner, however, the same has not been considered. Hence, the writ
petition has been filed.
3.It is the contention of the petitioner that the respondents have
failed to note the Standing Order No.07/2015. As per the above Standing
Order, normal tenure in field station is 4 years and for hard field area/SOZ,
static and peace stations is 3 years, whereas, the petitioner has completed
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W.P.No.20613 of 2022
only 10 months in Poonamallee. As per the above Standing Order, the
petitioner should not be transferred out prematurely and should be allowed
to complete the tenure, except in exceptional cases with consent from
Directorate. Hence, the transfer order has been challenged in this writ
petition.
4.In the counter affidavit filed by the respondents, it is stated
that the petitioner was posted to Signal Platoon of Recruit Training Centre
(RTC), CRPF, Peringome, Kerala, w.e.f. 22.12.2014 to 31.05.2018, i.e., 3
years, 5 months and 11 days. After completion of his tenure in RTC,
CRPF, Peringome, he was posted to 217 Bn, Signal Platoon, Sukma,
Chattisgarh, in Summer Chain Posting-2018, vide 3rd respondent's Office
Signal No.T.IX-1/2018(SCP)-2 Sig, dated 11.04.2018. After completion
of 3 years tenure in 217 Bn, as per 3 rd choice submitted by the petitioner,
he was further posted to 77 Bn, CRPF, Chennai, Tamil Nadu, Signal
Platoon in Summer Chain Posting-2021. Thereafter, the petitioner was
posted in 5th respondent Office w.e.f. 24.08.2021 to 17.08.2022. After
completion of 7 years, i.e., 2 postings, 4 years in hard/field units and 3
years in static/soft units/Coy signal Platoon of normal tenure in 3rd
respondent Office, the petitioner has been transferred to 1st Signal Bn,
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W.P.No.20613 of 2022
New Delhi in Summer Chain Transfer-2022, issued by the IG (Comn &
IT), Directorate, New Delhi, vide PPMS Office Order No.01/2022-Comn-
Dte-CDA14-Com-DG, dated 08.07.2022.
5.It is the contention of the respondents that, as per Standing
Order No.11/2002 relating to transfer of Non-Gazetted Signal Personnel
(upto the rank of Inspectors), the Signal Personnel should invariably be
posted to a field unit in operational area. They will not be kept at static
sub-units or Group Centres as far as possible. So, all personnel will be
rotated during Summer Chain Transfers, so that they get equitable
opportunity to serve in soft/static locations. The tenure of an individual in
a field unit will be 4 years. Thereafter, the individual shall be posted to a
static unit for 3 years. The tenure in a Signal Battalion will be 7 years.
Since the petitioner has completed 7 years tenure in the 3rd respondent
Office, in which he was posted in static location (i.e, Hyderabad,
Peringome (Kerala) and Chennai) for more than 4 years and posted in hard
area (i.e., Sukma, Chattisgarh) for 3 years, the petitioner has been
transferred to the 4th respondent Office in Summer Chain Transfer-2022 by
the IG (Comn & IT), Directorate, New Delhi, vide PPMS Office Order
No.01/2022-Comn-Dte-CDA14-Com-DG, dated 08.07.2022. Hence, the
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W.P.No.20613 of 2022
respondents oppose the writ petition.
6.The main contention of the learned counsel for the petitioner
is that, as per Standing Order No.07/2015, normal tenure in field station is
4 years and for hard field area/SOZ, static and peace stations, the tenure is
3 years, whereas, the petitioner has completed only 10 months in
Poonamallee. According to the learned counsel for the petitioner, the
petitioner should not be transferred out prematurely and should be allowed
to complete the tenure except in exceptional cases with consent from
Directorate. Further, whenever, any transfer is ordered prematurely, i.e.,
prior to the completion of normal tenure, reasons justifying the premature
transfer shall be mentioned in the transfer order. According to the learned
counsel for the petitioner, the impugned transfer is against the Standing
Order. Therefore, the learned counsel submitted that the impugned order
is liable to be set aside. In support of his submissions, the learned counsel
placed reliance on the judgment of this Court in Durai Murugan v. The
Director General, CRPF, New Delhi and others [W.P.No.15430 of 2019
dated 11.12.2019].
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W.P.No.20613 of 2022
7.Per contra, learned Senior Panel Counsel appearing for the
respondents, would submit that the petitioner is working in Signal
Battalion and therefore, only Standing Order No.11/2002 alone is
applicable to him. The Signal Personnel should invariably be posted to a
field unit in operational area. They will not be kept at static sub-units or
Group Centres as far as possible. So, all personnel will be rotated during
Summer Chain Transfers, so that they get equitable opportunity to serve in
soft/static locations. The tenure of an individual in a field unit will be 4
years. Thereafter, the individual shall be posted to a static unit for 3 years.
The tenure in a Signal Battalion will be 7 years. Since the petitioner has
completed 7 years tenure in the 3rd respondent Office, in which he was
posted in static location and hard areas, the petitioner has been transferred
to the 4th respondent Office in Summer Chain Transfer-2022. Hence, it is
the contention of the learned Senior Panel Counsel that the transfer has
been effected only as per the Standing Order governing the petitioner.
8.Heard the learned counsel on either side and perused the entire
materials available on record.
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W.P.No.20613 of 2022
9.In the light of the submissions made by the learned counsel on
either side, the issue that arises for consideration is whether the impugned
transfer order passed by the 1st respondent is against the Standing Orders.
10.The writ petition has been filed mainly on the ground that
there is violation of Standing Order No.07/2015, stating that the petitioner
has been transferred prematurely. Standing Order No.07/2015 relates to
the transfer of Non-Gazetted (Executive/Technical/Tradesmen) Force
Personnel including Mahila Personnel. Clause 2 of the Standing Order
No.07/2015 makes it clear that it is governing the changeover of non-
technical personnel of Signal Range to executive Battalions and vice-
versa. Whereas, the Standing Order No.11/2002 deals with transfer of
Non-Gazetted Signal Personnel (upto the rank of Inspectors). Clause 7(a)
of the Standing Order No.11/2002 makes it clear that Signal Battalions
will forward names of personnel who complete 7 years of service every
year to Communication Directorate for considering their transfer within
the Signal Range. The above Standing Order No.11/2002 makes it clear
that the signal personnel's tenure is 7 years. After completion of 7 years,
they will be transferred. Clause (3) of Standing Order No.11/2002 makes
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W.P.No.20613 of 2022
it clear that newly recruited, remustered Signal personnel should
invariably be posted to a field unit in operational area. They will not be
kept at static sub-units or Group Centres as far as possible. All personnel
will be so rotated during Summer Chain Transfers, so that they get
equitable opportunity to serve in soft/static locations. The tenure of an
individual in a field unit will be 4 years. Thereafter, he shall be posted to
a static unit for 3 years. Clause (3) also makes it clear that the tenure in a
Signal Battalion will be 7 years.
11.It is seen that the petitioner has been posted for more than 4
years in static areas, i.e., Hyderabad, Peringom (Kerala) and Chennai. The
petitioner has worked in Hyderabad from 22.07.2014 to 22.12.2014 in 2
Signal Bn and thereafter, he was posted to 2 Signal Bn in Peringom
(Kerala) from 22.12.2014 to 01.06.2018. Thereafter, the petitioner has
been posted to 2 Signal Bn in 77 Bn, CRPF at Poonamallee, Chennai on
24.08.2021 till the transfer order has been passed. The above postings
make it clear that the petitioner has been posted in static/soft areas for
more than four years. As far as hard area is concerned, the petitioner was
posted in hard area, i.e., Sukma (Chattisgarh) from 01.06.2018 to
24.08.2021, i.e., for 3 years. Therefore, only after completing 7 years,
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W.P.No.20613 of 2022
now, the petitioner has been transferred to 1st Signal Battalion at New
Delhi.
12.Therefore, this Court is of the view that, when the Standing
Order No.11/2002 is very clear stating that the tenure of a personnel in
Signal Battalion is 7 years and the impugned transfer has been made on
the basis of the said Standing Order No.11/2002 governing the personnel
of disciplined force, now, the same cannot be challenged merely on the
basis of some inconvenience. The petitioner contests this writ petition on
the basis of Standing Order No.07/2015, whereas, Standing Order
No.11/2022 is only applicable to the Signal Personnel, including the
petitioner.
13.The judgment relied upon by the learned counsel for the
petitioner in W.P.No.15430 of 2019 (supra) cannot be applied to the facts
of the present case, since the said writ petition is relating to Standing
Order No.07/2014 dated 24.11.2014.
14.Therefore, when the Disciplined Force have their own set of
Rules and even as per their Rules and Standing Orders governing and
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W.P.No.20613 of 2022
applicable to the petitioner, i.e., Standing Order No.11/2002, the tenure in
Signal Battalion is 7 years and the petitioner has also completed more than
7 years in a Signal Battalion and only thereafter, now, transfer has been
effected to another Battalion, this Court is of the view that such transfer
cannot be interfered with.
15.Therefore, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
16.08.2023
mkn
Internet : Yes
Index : Yes / No
Neutral citation : Yes / No
Speaking order / Nonspeaking order
To
1.The Director General,
CRPF, CGO Complex,
Lodhi Road,
New Delhi – 110 003.
2.The Deputy Inspector General of Police,
Signal Range, CRPF,
HC Block Sector-III,
Salt Lake, Kolkota,
West Bengal – 700 106.
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W.P.No.20613 of 2022
3.The Commandant,
2nd Signal Battalion,
GC Campus, CRPF,
Keshovgiri,
Hyderabad – 500 005.
4.The Commandant,
1st Battalion, CRPF,
Jharoda Kalan,
New Delhi – 110 072.
5.The Commandant,
77 Bn, CRPF,
Special Jail Complex,
Poonamallee,
Chennai – 600 056.
https://www.mhc.tn.gov.in/judis
W.P.No.20613 of 2022
N. SATHISH KUMAR, J.
mkn
W.P.No.20613 of 2022
16.08.2023
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