Girish C. vs. Union Of INDIA
Held
The Court dismissed the petitions, holding that transfers are routine and inherent to service in disciplined forces like CISF. Judicial interference in transfer orders is limited unless there is a violation of statutory rules, mala fide intentions, or punitive measures, none of which were found.
Facts
A CISF Head Constable challenged his transfer orders, initially deferred for a year due to his mother's illness and wife's employment. After the deferral period, he was again transferred and sought to remain in his home state based on CISF guidelines and compassionate grounds.
Key Issues
Whether the High Court should interfere with a CISF personnel's transfer order, especially after a one-year deferral on compassionate grounds. Whether the petitioner is entitled to a home state posting despite exceeding his home sector tenure as per CISF transfer policy.
Sections Cited
Section 15 (CISF Act, 1968), Circular No. 22/2017, Office Memorandum dated 30.09.2009
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945 WP(C) NO. 13543 OF 2022 PETITIONER/S: GIRISH C., AGED 45 YEARS CISF NO. 024090036 HEAD CONSTABLE/GENERAL DUTY, CISF UNIT BPCL-KR COCHIN, RESIDING AT QUARTER NO. B-3, S-4, CISF COMPLEX, IRUMAPANAM, ERNAKULAM , KERALA 682 309. BY ADV DINESH RAO A RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 110001. 2 THE DIRECTOR GENERAL/ CENTRAL INDUSTRIAL SECURITY FORCE, CISF HQ, CGO COMPLEX, LODHI ROAD NEW DELHI 1003. 3 THE ADDITIONAL DIRECTOR GENERAL/ AIRPORT SECTOR, AIRPORT SECTOR HEAD QUARTERS, ADMIN BLOCK CISF COMPLEX, MAHIPALPUR, NEW DELHI 110037. 4 THE INSPECTOR GENERAL/CISF, SOUTH SECTOR HEAD QUARTERS, CHPT CAMPUS, CHENNAI, 600013. 5 THE DEPUTY INSPECTOR GENERAL/ CISF, CISF SOUTH ZONE HEAD QUARTERS, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI 600090. 6 THE GROUP COMMANDANT, CISF GROUP HEAD QUARTERS, KENDRUYA BHAVAN, KAKKANAD, ERNAKULAM, KERALA 682 030. 7 THE DEPUTY COMMANDANT, CISF BPCL-KR, IRUMPANAM P.O., ERNAKULAM, KERALA 682
BY ADV MANU S., ASG OF INDIA OTHER PRESENT: S
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