Petitioner challenged his CRPF transfer order before Kerala High Court. Court held writ petition does not lie as order was passed in Coimbatore where petitioner was working, dismissing the petition.
Writ petition dismissed with liberty to move the appropriate forum.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939
WP(C).No. 3571 of 2018
PETITIONER:
G.MADHU, AGED 47 YEARS, S/O.K.GOPINATHAN NAIR, SABARICKAL HOUSE, VILL-KATTANAM, PALLICKAL P.O., ALAPPUZHA DISTRICT, PIN - 690 503. PRESENTLY WORKING AS "THE DEPUTY COMMANDANT(IRLA-7331), GOVERNMENT OF INDIA (MHA), CENTRAL RESERVE POLICE FORCE, OFFICE OF THE COMMANDANT 105 RAF, MAHALINGAPURAM, VELLALORE P.O., COIMBATORE DISTRICT, PIN - 641 111. BY ADVS.SRI.C.MANOJ KUMAR(KAKKANAD) SRI.P.T.SEBASTIAN TOMY
RESPONDENT(S):
1. GOVERNMENT OF INDIA, REPRESENTED BY MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110 001. 2. THE INSPECTOR OF GENERAL OF POLICE (IGP - RAF) DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110 003. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE (DIGP - PERSONNEL) DIRECTORATE GENERAL, CENTRAL RESERVE POLICE FORCE, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110 003. 4. THE DEPUTY DIRECTOR (ACCTS), PAO, DIRECTORATE GENERAL, CRPF, DIRECTORATE GENERAL, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110 003. 5. THE DEPUTY COMMANDANT, GOVERNMENT OF INDIA (MHA), CENTRAL RESERVE POLICE FORCE, OFFICE OF THE COMMANDANT 105 RAF, MAHALINGAPURAM, VELLALORE P.O., COIMBATORE DISTRICT, TAMILNADU, PIN - 641 111. BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY SRI.JAISHANKAR V.NAIR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 3571 of 2018 (V)
APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT-P1: TRUE COPY OF THE COMMENDATION DISC AND CERTIFICATE DATED 27.2.2017 GRANTED TO THE |
|---|
| PETITIONER BY THE DIRECTOR GENERAL CRPF MINISTRY OF HOME AFFAIRS, NEW DELHI. |
| EXHIBIT-P2: TRUE COPY OF THE ORDER OF TRANSFER LETTER DATED 13.01.2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. |
| EXHIBIT-P3: TRUE COPY OF THE STANDING ORDER NO.07/2014 DATED 24.11.2014 WITH REGARD TO TRANSFER POLICY FOR G.OS(EXECUTIVES) AND MEDICAL OFFICERS. |
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/ P.S.TO JUDGE
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P.V.ASHA, J.
W.P.(C) No.3571 of 2018
Dated this the 2nd day of February, 2018
JUDGMENT
The petitioner, who is working as Sub Inspector in CRPF at Chennai, has filed this writ petition challenging his transfer. The order of transfer has been communicated to him as per Ext.P2 order by the 5th respondent. As the order of transfer is passed by the authorities in Coimbatore and the petitioner himself is working at Coimbatore, I find that the writ petition will not lie before this Court. Therefore, the writ petition is dismissed, with liberty to the petitioner to move appropriate forum.
sd/-
P.V.ASHA JUDGE
rkc
2 issues framed by the court
Whether a writ petition challenging a transfer order passed by authorities in Coimbatore lies before the High Court of Kerala.
Whether the petitioner is amenable to the jurisdiction of this Court given the place of passing and working of the order.
G. Madhu
Government of India
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
