FORCE NO 065323264 ASI/MINISTERIAL PRAVIN KUMAR JHA Vs. UNION OF INDIA AND 4 ORS
LAWS(GAU)-2018-7-38
HIGH COURT OF GAUHATI
Decided on July 13,2018

Force No 065323264 Asi/Ministerial Pravin Kumar Jha Appellant
VERSUS
Union Of India And 4 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard R. Mazumdar, the learned counsel for the writ petitioner and Mr. KK Parashar, the learned CGC for all the respondents.
(2.) The writ petitioner has approached this Court challenging his transfer and posting which was issued vide order dated 18.03.2018 by the Deputy Inspector General (Ministerial), North East Sector Headquarter. By the said order, the petitioner who is an Assistant Sub-Inspector (Ministerial) has been posted from the Range Headquarter at Guwahati to 53rd Battalion located in the State of Jammu and Kashmir. Against the said posting, the petitioner filed a representation before the Inspector General of Police, Central Reserve Police Force ( CRPF), North East Sector, Shillong (respondent No.3) to re-consider his posting at either 128, 175 or 136 Battalion of the CRPF. The said representation was however rejected by the said authority and the same was communicated by the Deputy Inspector General (Administration) North East Sector by giving the reason that the petitioner's posting from Range Headquarter at Guwahati to the 53rd Battalion of the CRPF was ordered during the Summer Chain Transfer, 2018, as per the transfer policy. As the petitioner had been availing posting in the North East Sector continuously from 26.07.2010 i.e. for almost 8 years while being mostly based at Guwahati, his request could not be accepted and that no vacancy in the place of his choice was available. Hence, the transfer order was affirmed.
(3.) Thereafter, the petitioner submitted another representation to the respondent No.3 on 28.04.2018 for his retention at the Range Headquarter at Guwahati for another year against the two available vacancies in the post of Assistant Sub-Inspector (Ministerial). In the alternative he requested that he may be allowed to be posted either in 60/112/196 Battalion of the CRPF which were stationed at Jharkhand. However, his representation was again rejected vide Signal dated 11.06.2018 with a copy to him. Aggrieved, the petitioner has filed the present writ petition.;


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