Allowed

R.C.Sharma v. Union of India and Ors.

Delhi HC10 Aug 2011W.P.(C)/5710/2011

Case brief

AI extract

What is this about?

Writ petition challenging the transfer of CISF personnel from DMRC to Chandigarh based on a blanket ban against past service recordees. Court noted the petitioner is entitled to a last leg posting despite past indiscipline oners and suspended the transfer pending reconsideration.

What did the court decide?

Transfer order suspended for two weeks; respondents directed to reconsider transfer posting to a place near Bulandshahar.

R.C.Sharma Vs Union of India and Ors. — Pension and Retirement Benefits | Delhi HC (2011)

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Signature Not Verified Signed By:RAM DATT Signing Date:09.09.2024 16:54 Certify that the digital and physical file havebeen compared and the digital data is as per \ AT NEW the physical file an DELHI d no page is missing.

{

Del h i.

Vide order dated^{26.7.20LI, petitioner has been} transferred from^{Delhi to Chandigarh.Reason for the transferis} that the^{petitioner was posted for duties at Delhi Metro Rail} Corporation offices or stations.^{lt was noted that there was} COmplaints^{by travelers on the Metro Rail and a policy decision} was taken to^weed out all^{clsF personnel from DMRC duties} against whom,^{pertaining toindiscipline,insubordination,} misbehavior, intoxication,^{sexual harassmentor acts involving} moral turpitude,^{penalties were levied in the past.}

¶6

This decision was^{taken in the month of May 2OLL'} Working upon said^{policy decision, it was found that 169 CISF} per5onnel attached to the DMRC^{were required to be removed} from duty at'DMRC installations.

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Petitioner happens^to be^{one such person.His past service} record is not^good.

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We do not find^{any fault in the decision taken by the} respondents to depute the best^{faces of CISF at DMRC, for the} reason such force^{personnel of CISF who are on duty with DMRC} have a daily interface^{with the public and thus, it is expected} that the best force^personnel, who are citizen^{friendlyare posted} at DMRC.

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BUt, the mass decision^{taken by the respondents sufters} from at least one taint. lt has brushed all^{CISF personnel with} the same colour, ignoring that some^{of them may be entitledto} last leg posting.

¶11

As noted herein above,^{petitioner would be entitledto a} last leg posting and learned counsel for the^{petitionerstates} that being a permanent resident of the township^of Bulandshahar, petitioner would like to work at a^{CISF Unit}

W.P.(c) No.5710/2011

Page | 2

preferable at Delhi er such Unit which is within reachable distance of Bulandshahar i.e. the petitioner could reach Bulandshahar either by road or by rail in less than 3 hours time. 12. Accordingly, we dispose of the writ petition suspending petitioner's transfer to Chandigarh by a period of 2 weeks and direct that within 2 weeks the respondents would re-consider petitioner's transfer posting to a place near Bulandshahar. We make it clear that the petitioner need not be deputed at DMRC in the said 2 weeks period. lt would be open to CISF to post the petitioner for duties in Delhi anywhere during aforesaid 2 weeks period.

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We make it further clear that petitioner's request for last leg tiansfer posting will have to be considered by the respondents with reference to its last leg transfer policy and needless to state that the same would be depending upon availability of a suitable post where petitioner can be deployed at the station of his choice.

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No costs.

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Dasti.

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C.M. Appl. No.11657/2OLI

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Dismissed as infructuous.

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-t=.-<:q*d 00 PRADEEP NANDRAJOG, J

GAUR, J

AUGUST I.O, 2011 pkb

W.P.(c) No.5710/2011

Page | 3

R.C.Sharma v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

R.C.Sharma v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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