- (1.) Instant appeal arises out of the writ petition filed by the appellant herein challenging the validity and the legality of the inter-divisional transfer order which was issued by the Additional Chief Security Commissioner, RPF, Eastern Railway under Force Order No. 171/2010 dated 22nd November, 2010 which was specifically mentioned in the subsequent order dated 25th November, 2010 by the Senior Divisional Security Commissioner, RPF, Howrah-I. The said writ petition was finally disposed of by the judgment and order dated 23rd December, 2010 passed by a learned Judge of this Court whereby and where under the said learned Judge dismissed the writ petition on merits. Assailing the said judgment and order passed by the learned Single Judge instant appeal has been preferred by the appellant herein. The appellant has also filed an application for stay in connection with the aforesaid appeal. We have heard both the appeal and the connected stay application in presence of the learned Counsel of both the parties.
(2.) The learned Counsel representing the appellant/petitioner submitted that the inter-divisional transfer order was issued to the appellant/petitioner by the authority concerned by way of punishment and the same casts stigma on the appellant/petitioner herein. THE learned Counsel of the appellant/petitioner submitted that the aforesaid punitive premature inter-divisional transfer order was issued to the appellant/petitioner without any show-cause notice or even granting any opportunity of hearing. By the aforesaid inter-divisional transfer order, appellant herein was transferred from Howrah Goods Shed Post, Howrah-I Division to Chittaranjan Locomotives Works, Chittaranjan Division before completion of the prescribed five years tenure. It is not in dispute that on or about 6th September, 2009, the appellant/petitioner herein was asked to join the aforesaid Howrah Goods Shed Post under Howrah-I Division. At the time of issuance of the impugned transfer order, the appellant/petitioner herein was temporarily attached to Railway Protection Force/Train Escort Company. The competent authority did not bring the appellant/petitioner back to his parent post at Howrah Goods Shed Post under Howrah-I Division before issuing the transfer order. From the records we also find that the Senior Security Commissioner, RPF, Eastern Railway brought certain serious allegations against the appellant/petitioner by his written communication dated 7th October, 2010 addressed to the I. G.-cum-Chief Security Commissioner, RPF, Eastern Railway.
(3.) In the aforesaid written communication, Senior Security Commissioner, RPF, Eastern Railway specifically alleged that the appellant/petitioner herein due to his long tenure in and around Kolkata area has developed unethical and unwanted relations with criminals and receivers and has also been indulging in extortion of money and other corrupt practice. The said confidential written communication of the Senior Security Commissioner, RPF, Eastern Railway dated 7th October, 2010 is set out hereunder:? EASTERN RAILWAY Confidential No. HWH - (l)/Transfer & Deputation/2010 Howrah, dated 07.10.2010 IG-cum-CSC/RPF, E. Rly./Kolkata. Sub:- Temporary attachment of Sl/T. Giri of HWG post/ HWH (1) to TE-Coy/Howrah. Ref:- Your good office letter No. SC. 30/33-E/TR/ASN/09 dated 22.09.2010 Reference above, intelligence report indicates that Sl/T. Giri of HWG Post now at TE-Coy/Howrah (I) was involved in collecting money from following sources:? (1) Approx 20/22 Red Porters (Lal coolie) are mostly found in luggage booking office shed No. 9 of New Complex Goods Shed though these porters are meant to carry any passengers belonging at Howrah Station. The Red Porters namely Dhonji, Ram Babu, Debender, Pagla, Biru, Santosh etc. used to engage themselves in entire process of luggage booking office for loading and unloading from Goods Shed on behalf of the parties. Dhonji and Ram Babu used to collect money from others and paid illegal money to SIPF/T. Giri. (2) Approx 07/08 Blue Coolies namely Bishnu, Naba, Gopal etc. used to enter in HWH station unauthorizedly and engage themselves in loading and unloading goods (illegal goods) in different train specially DN Coromondal Exp. These blue coolies also pay money to him. (3) It is also learnt that merchants of LBO also pay him money for illegal favour. Corrupt practice of this officer also induces other staff to involve in corrupt practices like collecting money from queue system, taking money from loading and unloading etc. Since 1978 to 2010 i.e. 22 years (except posting at PAN/OP/ ASN w.e.f. 20.05.07 to 08.10.09) he was posted around Kolkata area. Due to his long tenure in and around Kolkata area, he has developed unethical and unwanted relations with crimirais and receivers and has also been indulging in extortion of money and other corrupt practice. For his illegal activities, it is difficult to get direct evidence but intelligence report clearly indicates SIPF/T. Giri's involvement in corrupt practices. On keeping his illegal activities, he is temporally attached to TE-Coy/HWH (I) w.e.f. 01.09.10. At this juncture it is not suitable to keep such an officer with questionable integrity at a very sensitive place like Goods shed post and therefore, he should be immediately shifted to other Divn. far away from this sensitive and public figure Rly. station in the interest of administration. sd/- Sr. Security Commissioner/RPF;