Naorem Ingobi Meitei vs Union Of India

[1] Heard Mr. M. Devananda, learned counsel appearing for the petitioner and Mr. Boboy Potsangbam, learned CGSC appearing for the respondents.

[2] As agreed by both the counsels appearing for the parties, the present writ petition is being disposed of at at motion stage itself.

[3] The case of the petitioner is that he was initially appointed as Constable/General Duty (CT/GD) in 2003 and completed his training in the month of

December, 2004. After completion of his training period, the petitioner had been transferred and posted in many hard areas in different parts of the

country and he had been serving for about 14 years in different hard area postings.

[4] After serving about 14 years in many hard areas, the petitioner was transferred and posted to 86 Bn, Group Centre, Imphal, on 26.09.2018 under

the Manipur and Nagaland Sector, which is considered as a soft area since it is the Home State of the petitioner.

[5] While the petitioner was serving in the 86 Bn, he was promoted to the post of Head Constable/General Duty and thereafter, consequent upon his

promotion, the authorities issued an order dated 27.02.2021 effecting transfer and posting of the petitioner to 196 Bn located at Dungi Saraikala (Jkd.),

which is considered to be a hard area.

[6] Having been aggrieved by the latest transfer order dated 27.02.2021, the petitioner filed the present writ petition with a prayer for quashing and

setting aside the said transferred order.

The ground raised by the petitioner in assailing the said transferred order is that since his initial appointment as CT/GD in the CRPF in 2003, the

petitioner had been transferred and posted in many different hard areas and after serving for about 14 years in many hard area postings, the petitioner

was posted in his Home State, which is treated as a soft area, only on 20.09.2018. The grievances of the petitioner is that even before he had

completed his normal tenure posting in the 86 Bn, the impugned transferred order had been issued thereby transferring and posting him again to

another hard area. According to him, even before completion of his normal tenure posting in the 86 Bn, as provided under Para 4(viii) of the Standing

Order No. 07/2015 dated 04.08.2015 issued by the Directorate General, CRPF, the impugned transferred order had been issued by the authorities

arbitrarily, discriminatorily, without application of mind and in violation of the transfer policy contained in Para 4(viii) of the Standing Order No.

07/2015. Accordingly, the impugned transferred order is liable to be quashed and set aside.

[7] After hearing the learned counsel appearing for the parties and on perusal of the record of the present case, this Court is of the considered view

that the petitioner has raised valid grounds in assailing the impugned transferred order, however, this Court is not inclined to decide the present writ

petition on merit since this Court is of the view that the respondents are the competent authorities to consider and decide the grievances raised by the

petitioner in the present writ petition. This Court is also of the considered view that it will meet the ends of justice, if the petitioner is allowed to

approach the authorities first by submitting a representation and to let the authorities first consider and decide the grievances of the petitioner as raised

by him in his representation with regard to his transfer and posting.

In view of the above, the present writ petition is disposed of with the following directions:-

(a) the petitioner is directed to submit a representation to the competent authorities of the CRPF with regard to his grievances in connection with his

transfer and posting within a period of 3(three) weeks from today along with a copy of this order;

(b) In the event of submission of the representation by the petitioner as directed above, the concerned authorities of the CRPF is directed to consider

the said representation within a period of 1(one) month from the date of receipt of a copy of the said representation and disposed of the same by

issuing a speaking order;

(c) pending consideration of the representation and till the disposal of the said representation, the petitioner should be allowed to remain at his present

place of posting; and

(d) if the petitioner failed to submit his representation as directed hereinabove within the stipulated period, the petitioner will proceed to join his new

place of posting as per the impugned transferred order dated 27.02.2021.

With the aforesaid directions, the present writ petition is disposed of without any order as to costs.

Copy of this order be furnished to both the learned counsel appearing for the parties through their respective Whatsapp/E-mail.