Allowed

Rajesh Gupta v. Union of India through the Secretary Ministry of Home Affairs and Ors.

Jharkhand HC8 Aug 2016LPA/590/2015

Case brief

AI extract

What is this about?

The High Court allowed the appeal, directing the Commandant of 3 Signal Battalion to consider the appellant's pending representation regarding his transfer request within eight weeks from the date the order copy is available to him.

What did the court decide?

Directing the Commandant of 3 Signal Battalion, CRPF, to consider the appellant's representation dated 31st August, 2015 at the earliest, preferably within eight weeks.

Rajesh Gupta Vs Union of India through the… — Pension and Retirement Benefits | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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L.P.A. No. 590 of 2015

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with

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I.A. No. 4402 of 2016

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Rajesh Gupta, S/o Sri Sudama Gupta at present R/o Head Quarter 3rd Signal Battalion, Sector-5, PO & PS-Saltlake Distt. Kolkata (West Bengal).................. Appellant

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Appellant

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Versus

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Union of India through the Secretary, Ministry of Home Affairs, CGO Complex, Lodhi Road, New Delhi

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The Director General, Central Reserve Police Force, Block No. -1, CGO Complex, Lodhi Road, New Delhi

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The Commandant, 3 Signal Battalion, CRPF, Sector-V,

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PO & PS- Saltlake, Kolkata

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The Commandant, Signal Platoon, 106 Battalion, Rapid Action Force, CRPF, Sundar Nagar, Jamshedpur, East Singhbhum…… Respondents

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Coram: Hon’ble Mr. Justice Virender Singh, Chief Justice Hon'ble Mr. Justice Shree Chandrashekhar

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…… For the Appellant : Mr. Kishore Kumar Singh, Advocate For the Respondents : JC to Mr. Rajiv Sinha, ASGI

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Order No. 06 /Dated : 8th August, 2016 Per Virender Singh, C.J. :

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I.A. No. 4402 of 2016

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1. For the reasons carved out in the instant application and there being no serious objection from the other side, the delay of 71 days in filing the accompanied appeal is hereby condoned.

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2 . I.A. No. 4402 of 2016 stands disposed of accordingly.

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L.P.A. No. 590 of 2015

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1 . The appellant-writ petitioner being aggrieved of his transfer from 5 Singal Battalion to 3 Signal Battalion, Central Reserve Police Force, took a plea that he may not be transferred to 3 Signal Battalion on the ground of his family problems and when did not get a favourable response from the Commandant, moved this Court through the medium of W.P.S. No. 6252 of 2014, which came to be disposed of on 22^nd December, 2014. The operative part of the order reads :-

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“ I have heard learned counsel for the parties. It appears that before the petitioner was posted at 106 Battalion, Rapid Action

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Force, Central Reserve Police Force, Sundar Nagar, Jamshedpur he was also posted at Ranchi, details of which, however, have not been indicated in the writ petition. The order of transfer is on administrative ground and he petitioner is a member of Uniform Force. He also seems to be represented before the respondents. Therefore, this Court, at this stage, is not inclined to interfere in the present writ petition.

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However, if the petitioner has made representation before the concerned respondents, the same may be considered in accordance with law within a reasonable time.

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With the aforesaid observations, the writ petition is disposed of without interfering in the impugned order. ”

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2 . Pursuant to the direction of the Court, the appellant moved a representation which was decided by the Commandant, 3 Signal Battalion. It would be apt to reproduce para-7 of the said order dated 2^nd March,

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2015:-

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“ 7. NOW THEREFORE, in pursuance of judgment dated 22/12/2014, passed by Hon'ble Justice High Court, Jharkhand at Ranchi and considering all aspects of the matter & due application of mind, keeping in view of above, I hereby reject the representation/request dated 26/12/2014 and 14/01/2015 of the petitioner HC/RO Rajesh Gupta being devoid of merit to aforesaid reasons and do not find any ground for reviewing/cancellation of his posting from 106 RAF Signal Platoon to 3 Signal Bn HQR, Kolkata, where all modern amenities are available to look after hhis family/wife/children. However, if he wish to be posted in B/3 Signal, Ranchi (Choice No. 2 during SCP-2013) or GC CRPF, Ranchi (Choice No. 3 during SCP-2013) or any other static location from HQr 3 Signal Bn, his request can only be considered on his reporting to this HQr as per available vacancies . ”

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3 . The appellant instead of reporting at transferred place once again moved the Writ Court through the medium of W.P.S. No. 1329 of 2015, which came to be dismissed vide order dated 22^nd June, 2015, considering the fact that the appellant after the order dated 2^nd March, 2015 had not reported his joining at his transferred place. It is thereafter, the

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appellant joined the transferred place of posting (3 Signal Battalion, CRPF) on 1^st July, 2015 and immediately thereafter, moved a fresh representation dated 31^st August, 2015. The said representation is available with the memo of appeal as Annexure-8.

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4 . Learned counsel for the appellant states that in the order dated 2^nd March, 2015 the Commandant of 3 Signal Battalion had observed that the request of the appellant can be considered on his reporting to his Head Quarter and once the appellant has now reported, may be after dismissal of the writ petition (W.P.S. No. 1329 of 2015), the representation moved by him on 31^st August, 2015, in all fairness, should have been accorded consideration shortly thereafter whereas, it is still pending with the concerned authorities for last about one year. Learned counsel thus, prays that a direction may be issued to the Commandant, 3 Signal Battalion to accord consideration to his representation dated 31^st August, 2015 at the earliest, preferably within some stipulated period.

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5 . The prayer made by the learned counsel for the appellant at the Bar has substance in it. We, thus, without disturbing the order of the learned Writ Court, dispose of the instant appeal directing the Commandant, 3 Signal Battalion, CRPF, Saltlake, Kolkata (Respondent no. 3) to accord consideration to the representation of the appellant at the earliest preferably within eight weeks from the date copy of the order is made available to him which primarily shall be the responsibility of the appellant. The appellant may also move another representation in terms of order dated 2^nd March, 2015 passed by the Commandant, 3 Signal Battalion.

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(Virender Singh, C.J)

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(Shree Chandrashekhar, J)

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Mukund/-

Rajesh Gupta v. Union of India through the Secretary Ministry of Home Affairs and Ors.

Case brief

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Rajesh Gupta v. Union of India through the Secretary Ministry of Home Affairs and Ors.

Case brief

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