S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner, Pankaj Prakash against the order dated 19th September, 2002, whereby he has been transferred from Barkakana to Chittaranjan by the Divisional Security Commissioner, Railway Protection Force (RPF), Dhanbad in pursuance of order passed by the Chief Security Commissioner -cum -DIG, RPF, Eastern Railway, Kolkata.
(2.) ACCORDING to the petitioner (a member of RPF), the respondents cannot transfer him from one zone to another without obtaining concurrence of the Director General, RPF, as per Section 91.2 of Railway Protection Force Act, 1957, which reads as follows ; "91.2 Enrolled members of the force : All inter -zonal railway transfers of the enrolled members of the Force shall be ordered by the Chief Security Commissioner concerned after obtaining the concurrence of the Director General." It appears that Barkakana which was under Dhanbad Division, as also Chittaranjan both were under Eastern Railway, Kolkata. In the middle of 2002, it was decided to create East Central Railway with Headquarters at Hajipur. Accordingly, options were called for from the willing members of the RPF posted in the Eastern Railway to give their choice for being posted in the newly created Headquarters of East Central Railway, Hajipur, vide Circular dated 30th July, 2002 (Annexure 2). In respect to non -gazetted staff of Dhanbad Division who were under the control of the Eastern Railway were allowed to remain either in the Eastern Railway Kolkata or opt to join East Central Railway, Hajipur. It was made clear that in case no option is exercised, the staff will be deemed to have opted transfer to East Central Railway, Hajipur.
(3.) THE respondents have taken plea that the division of zone came into operation w.e.f. 1st October, 2002, but order of transfer was issued prior to the division of the zone on 19th September, 2002, therefore, Section 91.2 of the Railway Protection Force Act, 1957 is no applicable in the case of the petitioner.;