M.Y.EQBAL, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the Order No. 21/2005 dated 5.4.2005 issued by the respondent No. 4 -D.I.G. -cum -Chief Security Commissioner, R.P.F. East Central Railway, Hazipur Zone, Hazipur whereby he ordered transfer of the petitioner from CIB/Dhanbad to the Divisional Reserve Company, Sonepur Division, Sonepur, within four months of his joining at Dhanbad as an Inspector in the Crime Intelligence branch.
(2.) THE petitioners case is that he joined the CIB/Dhanbad as an Inspector on 14.12.2004 on promotion and transfer from Danapur Division. He was allotted a railway quarter and subsequently he brought his family at Dhanbad and got his two children admitted to a reputed school at Dhanbad. The petitioners further case is that on 15.3.2005 he submitted a confidential report to respondent No. 4 -D.I.G. -cum -Chief Security Commissioner, Railway Protection Force, East Central Railway Hajipur Zone, after he detected one theft of 42 MT of Pig iron near Telo Station under Gomo post and some officers of the R.P.F. were found involved in the said theft. It is alleged that because of the report submitted by the petitioner, the officers of the Railway Protection Force involved in the said theft approached the authorities concerned for premature transfer of the petitioner and they succeeded in their venture as the petitioner was transferred from CIB/Dhanbad to the Divisional Reserve Company, Sonepur Division vide the impugned order dated 5.4.2005. A counter affidavit has been filed by the respondents stating inter alia, that on review of the working performance of the petitioner, it was noticed that he was not discharging his duties properly and was in the habit of leaving the Head Quarter for days together without obtaining prior permission from the controlling authority. As per instruction issued by C.S.C./R.P.F., Hazipur, the petitioner was directed to give regular attendance in the office of Divisional Security Commissioner, RPF, Dhanbad. The Deputy Inspector General/ Administration Railway Board vide letter dated 29.3.2005 conveyed approval of DG/RPF for premature transfer of the petitioner from Dhanbad to some non - sensitive post. Accordingly, the petitioner was transferred from Dhanbad Division to Sonepur Division vide the impugned order dated 5.4.2005.
(3.) MR . P.K. Prasad, learned Counsel appearing for the petitioner, assailed the impugned order of transfer as being illegal and mala fide. learned Counsel submitted in terms of Rule 93 of the Railway Protection Force Rules, 1987, ordinarily no member of the Force shall be transferred from one station to another unless he has been at a station for the normally prescribed tenure nor he shall be allowed at a station for more than one year without specific approval of the Chief Security Commissioner concerned. learned Counsel also drew my attention towards the relevant provision of standing order and submitted that in case of premature transfer, prior approval of the Director General/R. P. F. is mandatory in case of transfer of Inspectors.;