TARSEM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The precise and only ground for challenging the impugned order in this writ petition is that the Inspector General of Police do not have any competency to transfer the petitioner from Jammu to Jharkhand, inasmuch as, the powers, if at all vested with the Inspector General of Police, has to be exercised only to make transfers within the sector.

(2.) Objections have been filed by the respondents, contending therein that the petitioner joined CRPF as Constable (General Duty) on 29.11.2004 at Group Centre, CRPF Bantalab, Jammu and after completion of basic training, he was posted to 20 Bn CRPF on 29.03.2006. Thereafter after completion of normal tenure, the petitioner was transferred from 20 Bn to GC Hiranagar and was relived on 03.12.2013. It is further contended by the respondents in the objections that as per standing order No. 07/2015 regarding the transfer policy/instruction on transfer of Non-Gazetted (Executive/Technical/ Tradesman) force personnel including mahila personnel normal tenure for hard field area/SOZ, Static and peace stations in 3 years. It is further averred that the petitioner has been transferred from GC CRPF Hiranagar to 22 Bn CRPF Hazaribagh, Jharkhand by the IGP, Jammu in terms of order dated 10.05.2017 impugned in this writ petition. The petitioner also moved a representation seeking modification of the transfer order and the competent authority after considering the representation rejected the same. It is further contended by the respondents in the reply that the matter is pertaining to IGP Jammu sector office, Jammu being a competent authority and the following officers/units are under the administrative control of IG CRPF, Jammu and falls in Jammu sector:-

(3.) It is contended in the objections filed by the respondents that the above stated group centers and units falls under the jurisdiction of IG CRPF, Jammu, therefore, the IGP, CRPF Jammu is the competent authority for issuing transfer orders with respect to non-gazetted (Executive persons) within sector. Even if any of the above stated units is stationed in any part of India, the power of transferring the non-gazetted executive persons in any of the above stated unit lies with the IG CRPF, Jammu as all the adm control of above stated units falls under Jammu Sector.