Court No. - 38
Case :- WRIT - A No. - 20796 of 2019 Petitioner :- Saddik Mohammed Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Raja Singh,Ajay Vikram Yadav Counsel for Respondent :- A.S.G.I.
Hon'ble J.J. Munir,J.
Heard Sri Raja Singh, learned counsel for the petitioner and Sri Navneet Chandra Tripathi, learned Central Government Standing Counsel appearing for the respondents.
The petitioner has been transferred by an order dated 23.05.2019, passed by the Assistant Inspector General/North Zone-1, on behalf of the Deputy Inspector General/North Zone-1, CISF from Etawah in the State of Uttar Pradesh to 6th Battalion, Deoli. The petitioner challenged the aforesaid transfer order before this Court vide Writ A-No.8928 of 2019. This Court declined to interfere with the aforesaid transfer order but permitted the petitioner to represent in the matter to the Authorities after reporting at the place of posting. It is in furtherance of the aforesaid directions that the impugned order rejecting the petitioner's request to cancel his transfer order has come to be passed. By the impugned order dated 23.07.2019, the petitioner's representation has been allowed in part and he has been transferred from 6th Battalion Deoli to CISF Unit, GAIL, Pata without any transfer benefits with immediate effect. The petitioner has come up challenging the said order.
Transfer is an incident of service and there is no such ground as mala fide or violation of any statutory Rule alleged much less substantiated by the petitioner to make out a case for interference with the impugned order. Moreover, the impugned order has already considered the petitioner's request and extended him some relief. There is thus, no equity also in favour of the petitioner.
The writ petition fails and is dismissed.
Order Date :- 19.12.2019 NSC