Jayanta Kumar Biswas, J. - (1.) THE petitioner in this writ petition dated April 16, 2009 is challenging the order of the Senior Divisional Security Commissioner, RPF, South -Eastern Railway, Kharagpur dated March 27, 2009, Annexure P2 at p. 16, in so far as he is concerned.
(2.) BY the order dated March 27, 2009 the Senior Divisional Security commissioner has directed the forty -four persons named in the order to move to their respective places of transfer for which orders were previously made. The petitioner is the fifteenth person named in the order, and he has been transferred from the Kharagpur division of the South -Eastern Railway to its Ranchi division. Questioning the transfer order the petitioner moved a writ petition that was dismissed. His appeal was also dismissed. The authority issued the transfer order on the basis of Standing Orders No. 70 dated September 27, 2004. The decision to transfer the petitioner was taken for the reason that in the Kharagpur division he had completed three tenures.
(3.) THE impugned movement order dated March 27, 2009 is questioned mainly on the ground that, since the circular of the Chief Security Commissioner, RPF, South Eastern Railway, Garden Reach, Calcutta 700 043 dated July 22, 2008, Annexure P1 at p. 15, was not properly circulated, the petitioner could not apply for modification of the under transferring him from the Kharagpur division to the Ranchi division. According to Counsel, once a transfer order is made, in view of the circular dated July 22, 2008, the personnel concerned acquires a right to apply for modification of the transfer order.;