Allowed

Sri Anjaneya. C v. the Honble Home Secretary

Karnataka HC5 Sept 2024WP/12985/2024

Case brief

AI extract

What is this about?

CISF Inspector nearing retirement challenged his transfer from Bengaluru to Hyderabad despite guidelines entitling him to serve his last two years in the home sector and an unconsidered medical-ground representation. Respondents offered vacancies at Bengaluru; the court quashed the transfer and directed posting at Bengaluru International Airport within fifteen days.

What did the court decide?

Transfer order dated 09.04.2024 quashed; respondents directed to post petitioner as Inspector at Bengaluru International Airport within fifteen days.

Sri Anjaneya. C Vs the Honble Home Secretary — Service and Employment | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:36458 WP No. 12985 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 12985 OF 2024 (S-TR)

¶6

BETWEEN:

¶7

SRI. ANJANEYA. C S/O. CHANNAPA, AGED ABOUT 58 YEARS, RESIDING AT NO.203, BD, NETHRAVATHI LAYOUT, 2^ND SECULAR ROAD, NANDINI LAYOUT, BANGALORE-560 096.

¶8

…PETITIONER

¶9

(BY SRI. MANJANNA M.S., ADVOCATE)

¶10

AND:

¶11

THE HONB'LE HOME SECRETARY MINISTRY OF HOME AFFAIRS, NORTH BLOCK CENTRAL, SECRETARIAT, NEW DELHI-110 003.

¶12

Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

¶13

THE HON'BLE DIRECTOR GENERAL CISF HEAD QUARTERS NO. CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.

¶14

THE HON'BLE INSPECTOR GENERAL, DOS AND DAE CISF HEAD QUARTERS MAHIPALPUR, NEW DELHI-110037.

¶15

THE HON'BLE DEPUTY OF INSPECTOR GENERAL CISF DOS-ZONE-1, HEAD QUARTERS, NEW BEL ROAD, SANJAYNAGAR, BENGALURU-560 056.

¶16

…RESPONDENTS (BY SMT. GIRIJA PATIL, CENTRAL GOVERNMENT COUNSEL FOR RESPONDENT NOS.1 TO 4)

¶17

¶18

NC: 2024:KHC:36458 WP No. 12985 of 2024

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TRANSFER ORDER AT ANNEXURE-C DATED 09.04.2024 AND DIRECTING THE RESPONDENTS AUTHORITY TO CONSIDERED HIS REPRESENTATION PROPERLY DATED 16.04.2024 AT ANNEXURE-D.

¶20

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶21

CORAM: HON'BLE MR JUSTICE R. NATARAJ

¶22

ORAL ORDER

¶23

The petitioner has challenged his transfer order dated 09.04.2024 from DOS Headquarters, Bengaluru to CISF DAE Zone - 1, Headquarters, Hyderabad.

¶24

The petitioner contends that he was discharging his duty at DOS Headquarters, Bengaluru. He contends that as per the extant transfer guidelines, he is entitled to discharge his last tenure of two years in the home sector. However, respondent No.3 issued impugned transfer order dated 09.04.2024 transferring him to CISF DAE Zone - 1, Headquarters, Hyderabad. The petitioner contends that he submitted a representation to the respondent No.4 requesting him to post him to URSC(B), Bengaluru on medical grounds as his mother, aged 80 years was suffering from cancer and other

¶25

3 - NC: 2024:KHC:36458 WP No. 12985 of 2024

¶26

age-related issues and being the only son, he was bound to take care of her medical needs. Further, he claimed that his wife was suffering from several ailments and that she was being treated at Bengaluru and that facilities that are available in Bengaluru may not be available in Hyderabad. The representation of the petitioner was forwarded to the respondent No.3 on 16.04.2024, who replied on 26.04.2024 that his representation cannot be considered.

¶27

The petitioner is therefore, before this Court

¶28

challenging the aforesaid transfer order.

¶29

When this writ petition was listed for orders, having regard to the fact that the petitioner is on the verge of retirement, the learned Central Government Counsel for respondent Nos.1 to 4 was directed to secure instructions, whether the petitioner could be accommodated in any suitable post either at Bengaluru or any nearby location. In response thereto, the learned Central Government Counsel for respondent Nos.1 to 4 has fairly submitted that there is one vacancy in Bengaluru International Airport and one post in APS - II, Headquarters, Bengaluru. She submits that the petitioner

¶30

4 - NC: 2024:KHC:36458 WP No. 12985 of 2024

¶31

could be posted to any of these units, where post of Inspector is vacant.

¶32

The learned counsel for the petitioner submits that

¶33

the petitioner is ready to accept, if he is posted at Bengaluru International Airport against the vacant post of Inspector.

¶34

In that view of the matter, this writ petition is allowed . The impugned order of transfer dated 09.04.2024 (Annexure - C) in so far as petitioner is concerned, is quashed. The respondent Nos.1 to 4 are directed to issue appropriate orders posting the petitioner as Inspector at Bengaluru International Airport within a period of fifteen days from today. The gesture of the respondents is truly commendable and highly appreciated.

¶35

In view of disposal of the writ petition, pending

¶36

I.As., if any, do not survive for consideration and the same stand disposed off.

¶37

Sd/(R. NATARAJ) JUDGE

¶38

PMR

¶39

List No.: 1 Sl No.: 16

Sri Anjaneya. C v. the Honble Home Secretary

Case brief

What is this about?

What did the court decide?

Sri Anjaneya. C v. the Honble Home Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri P Nagarajan Vs Union of India

Sri. Sunil Pattennavar Vs the Managing Director

Multi Pearl Apartment Owners Association Vs Sri Dwarakanath G

Mr Sanjeevaiah H Vs the State of Karnataka

Shri. Rajesh. D Vs State of Karnataka

Shri T R Manjunath, Vs Bruhat Bengaluru Mahanagara Palike (Bbmp)