Decided on January 11,2021

Khekhomba Wangkhem Appellant
UNION OF INDIA Respondents


AHANTHEM BIMOL SINGH, J. - (1.) Heard Mr. I. Denning, learned counsel appearing for the petitioner and Mr. S. Vijayanand Sharma, learned Sr. PCCG appearing for the respondents.
(2.) In the present writ petition, the petitioner is challenging the order dated 18.10.2018 issued by the Assistant Inspector General (PERS) transferring the petitioner from ASG, Imphal to ONGC, Nazira, Assam. The petitioner has challenged the said transferred order on the following grounds:- (a) The impugned transfer order had been issued in violation of the guidelines for posting/transferring of gazetted officers in CISF issued by the authorities under CISF Circular No. 14/2015; (b) The petitioner had been subjected to frequent transfer; (c) The impugned transfer order is punitive and stigmatic in nature; (d) The transferred order had been issued malafide and in arbitrary manner or in colourable exercise of power; and (e) The person who filed the counter affidavits on behalf of the respondents is neither a party in the present writ petition nor is he a competent or authorised person to file the counter affidavits on behalf of the respondents. Accordingly, the averment/contention made in the counter affidavits filed on behalf of the respondents cannot be taken into consideration while deciding the present writ petition and the averment made by the petitioner in his pleadings should be taken as uncontroverted and the writ petition should be allowed.
(3.) In connection with the first ground raised by the petitioner, it has been submitted that the office of the Director General, CISF (Ministry of Home Affairs) issued a circular No. 14/2015 laying down guidelines for posting/transferring of gazetted officers in CISF. In Para 2(ii) of the said circular, it is provided that annual transfer orders shall normally be issued by 1st of March. In Para 3(i) of the said Circular, it is provided that one hard area posting of 2(two) years (extendable by one more year) during the first 8(eight) years of service as far as possible and under Para 3(ii) of the said circular the hard areas for posting are given and as per the said circular all the Units of North East and J&K are identified as hard areas. Under Para 3(iii) of the said circular it is provided that the normal period of posting at 1(one) station/Unit shall be for 3(three) years extendable by another 1(one) year due to administrative/operational exigencies.;

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