Girish C. vs. Union Of INDIA, Represented By Its Secretary

WP(C)/13443/2023HC KeralaGSTCNR KLHC01029294202307 September 2023Bench: HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V15 pages
For Respondent: S
AI SummaryDismissed

Held

The High Court dismissed the petitions, holding that transfers are routine and inherent to service conditions in disciplined forces like CISF. It found no reason to interfere with the transfer order as the petitioner had already availed a one-year deferral and there was no allegation of malfeasance or violation of statutory rules.

Facts

A CISF Head Constable, Girish C., was transferred from Cochin. He challenged the transfer citing his mother's medical condition and wife's employment, securing a one-year deferral. After the deferral period, he was again transferred to Delhi and filed two writ petitions challenging this new transfer, seeking to remain in Kerala.

Key Issues

Whether a CISF personnel can challenge a routine transfer order based on personal grounds after already receiving a one-year deferral, and the scope of judicial interference in transfer orders within disciplined forces.

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

309.

BY ADV MANU S., ASG OF INDIA OTHER PRESENT: S

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