Disposed

Kamlesh Kumar v. The Union Of India and Ors.

Patna HC12 Jan 2018CWJC/10829/2017

Case brief

AI extract

What is this about?

Petitioner challenged transfer order to a high-risk area alleging prior service in similar conditions for twelve years. Court refused interference as transfer had already taken effect but granted liberty for representation regarding transfer to a soft area.

What did the court decide?

Liberty granted to petitioner to represent before appropriate authority for transfer to a soft area within 3 months.

Kamlesh Kumar Vs The Union Of India and Ors. — Service and Employment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.10829 of 2017

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Kamlesh Kumar son of Late Ramashis Sharma, Resident of Village- Bishnupur, Chaturbhuj (Ratanpur), P.O. Begusarai, P.S. Moffasil Begusarai, DistrictBegusarai.

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.... .... Petitioner/s

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Versus

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The Union of India through Chief Secretary, Home Department, Govt. of India, New Delhi.

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The Inspector General of Police, Directorate General of Police, New Delhi.

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D.I.G. of Police, C.R.P.F. New Delhi.

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Respondent/s : Mr. S.D Sanjay, Addl. Soc. Gen.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 12-01-2018

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Heard Mr. Ram Bilash Mahto, learned counsel for the petitioner

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and learned counsel for the Union of India.

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The petitioner is aggrieved by the order of transfer dated 26.5.2017 passed by the respondent Deputy Inspector General of Police, C.R.P.F., New Delhi, a copy of which is present at Annexure3 to the writ petition. By the said transfer order, the petitioner has been transferred from 192 Battalion to 83 Battalion at Lucknow.

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The grievance of the petitioner is that he has already served in Grade A locations for a period of almost 12 years and people serving such locations are given benefit of choice posting in Grade B and

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Patna High Court CWJC No.10829 of 2017 dt.12-01-2018

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since the last posting of the petitioner was in Jharkhand which was a naxal effected area, he should have been accommodated in a soft area but has been transferred to Jammu and Kashmir. It is not in dispute that following the transfer order the petitioner has joined his place of posting thus the transfer order has taken its effect.

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Mr. Mahto also informs that since the last posting of the petitioner was in Jharkhand which is Naxal prone area, a request was made on grounds that the mother of the petitioner was bed ridden and required attention.

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Mr. S.D. Sanjay learned Additional Solicitor General on the basis of instructions informs that the statement of the petitioner of having served in hilly/naxal area for 12 years is not correct rather according to records the petitioner has served in such area for only one and half year.

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In such view of the mater and since the petitioner has already joined his place of posting I am not persuaded to interfere with the transfer order but taking note of the submission of the petitioner having served for 12 years in Hilly/naxal effected areas in his 12 years of service career, I consider it proper to grant liberty to the petitioner to represent before the appropriate authority for his transfer to a soft area by placing the details of his posting and it goes without

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Patna High Court CWJC No.10829 of 2017 dt.12-01-2018

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saying that any such representation filed by the petitioner before the authority concerned, would be considered and disposed of in accordance with law within 3 months of its receipt.

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The writ petition is disposed of.

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(Jyoti Saran, J)

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Bibhash/-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	20.01.2018
Transmission Date	NA

Kamlesh Kumar v. The Union Of India and Ors.

Case brief

What is this about?

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Kamlesh Kumar v. The Union Of India and Ors.

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