Date: 2022.09.09 vs Union Of India Represented ...
2022 Latest Caselaw 408 Mani

Digitally signed                                                                 Page |1
by
SHAMURAILATP                        IN THE HIGH COURT OF MANIPUR
AM SUSHIL                                     AT IMPHAL

SHARMA                                     WP(C) No. 423 of 2021
Date: 2022.09.09
13:37:54 +05'30'   Khoirom      Prasanta   Meetei, F.No.075150754,        aged
                   about 34 Years, S/O Kh.Ibomcha Meetei, resident of
                   Langthabal Lep Mayai Leikai, P.O. Canchipur, P.S.
                   Singjamei,     Imphal   West    District,   Manipur,    Pin
                   Code : 795003, now posted at Group Centre CRPF, M
                   & N Sector, Langjing, Imphal, P.O. & P.S. Lamphel.
                   Pin. 795113.
                                                                   .........Petitioner

                                                  -Versus-
                   1. Union of India represented through its Home
                       Secretary (Ministry of Home Affairs) North Block,
                       New Delhi, Government of India, Delhi-110001.

                   2. The Director General of Police, CRPF, CGO
                       Complex, Lodhi Road, New Delhi -- 110003.

                   3. The IGP, Manipur and Nagaland Sector, Group
                       Centre CRPF Langjing, P.O. & P.S. Lamphel,
                       Imphal West District , Manipur. Pin- 795113.

                   4. Deputy Inspector General, Establishment, CRPF,
                       CGO Complex, Lodhi Road, New Delhi -- 110003.

                   5. The IGP, CoBRA, CGO Complex, Lodhi Road, New
                       Delhi -- 110003.
                                                                   .... Respondents

WP(C) No. 423 of 2021 Page |2

BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioner :: Mr. M. Devananda, Advocate

For the Respondents :: Mr. S. Vijayanand, Sr. PCCG

Date of Hearing and reserving Judgment & Order :: 11.07.2022

Date of Judgment & Order :: 08.09.2022

JUDGMENT AND ORDER (CAV)

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

WP(C) No. 423 of 2021 Page |3

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

WP(C) No. 423 of 2021 Page |4

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

WP(C) No. 423 of 2021 Page |5

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. 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

WP(C) No. 423 of 2021 Page |6

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

WP(C) No. 423 of 2021 Page |7

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

WP(C) No. 423 of 2021 Page |8

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. 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

WP(C) No. 423 of 2021 Page |9

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.

WP(C) No. 423 of 2021 P a g e | 10

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(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

WP(C) No. 423 of 2021 P a g e | 11

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. In the result, the writ petition is allowed and the

impugned transfer order dated 24.5.2021 and the subsequent order

WP(C) No. 423 of 2021 P a g e | 12

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.

JUDGE

FR/NFR

Sushil

WP(C) No. 423 of 2021