Petitioner, a CRPF officer eligible for transfer exemption under disability grounds, challenged an impugned transfer order and the inaction in considering his representation via writ petition.
The Competent Authority will consider the petitioner's representation within four weeks and pass appropriate orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3301 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 5532 OF 2024
Between:
Mekala Janaiah, S/o. Mekala Saidaiah, Aged about 54years, Rank: Head Constable/GD, Occ: Central Reserve Protection Force(CRPF), Force No.9511314t3, Fl/o. Quarters- 390, Type - 1- Special, Chandrayangutta Road, Group Centre CRPF Quarters, Chandrayangutta, Bandlaguda, Keshogiri, Hyderabad- 500005
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying thatin the circumstancesstated inthe affidavitfiledtherewith,the High Court maybe pleased to issue Writ, order or direction, one moreparticularly in the nature of a writ of Mandarnusdeclaringthe acticinof the Respondents more particularly Respondent No.2 inissuingOrder No. 581/2024-PER-DTE-P2DA10-PER-DG- SNTS dated 01'.022024for transferof the Petitioner from GC-HYD to 2121h Battalion, Chattisgarhand the inaction of the Respondentsin considering the Petitioner's representationdated 05.02.2024 as illegal, arbitrary, unconstitutional and contrary to theOfficeMemorandumDated 08.10.2018 issued bythe Department ofPersonaland Training(DOP &T) and furtherin violation of Articies 14, 16and 21 ofConstitution of lndia and consequently direct the Respondents toretain the Petitionerat any divisironof CRPFin Hyderabadi.e., S/Zone Hyd, Range DIGPHyd,2nd Signal Hyd.
lA NO: 1 OF 2024
Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all furtherproceedings arising out of Order No. 58112O24-PER-DTEP2DA10-PER-DG-SNTS dated O1 .02.2024 issued by the Respondent No.1 by continuing the petitioner at Group Centre, CRPF, Hyderabad pending disposal of the Writ Petition.
lA NO: 2 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the Petitioner's representation dated 05.02.2024 in order to retain the Petitioner in any division of the CRPF, Hyderabad i.e., S/Zone Hyd, Range DIGP Hyd, 2nd Signat Hyd pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI GUNNA RAGHU CHANDRA
Counsel for the Rcspondents: SMT. MAHALAKSHMI REPRESENTING FOR ] SRtcADtPRAVEENKUMAR, oy. soltctToR GENERAL OF tNDtA I
The Court nlade the following: ORDER
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.5532 OF 2024
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India seeking the following reliet
*...to issue Wit, order or direction, more particularlg in tle nature of a Wit of Mandamus declaring tLe action of the Respondents more particularlg Respondent No.2 in issuing Order No.581/2024-PERDTE-P2DA1O-PER-DG-SM^S, dated O1.O2.2O24 for transfer of the petitioner from GC-HYD to 212th Battalion, Clwttisgarh and the inaction of the respondents in considering *E petittoner's representation, dated 05.02.2024 as illegal, arbitrary, unconstitutional and contrary to th-e Office Memorandum, dated 08. 10.2018 issued bg tLE Department of Personal and Training (DOP&T) and furttrcrin uiolationof Articles 14, 16 and 21 of Constitution of India and consequentlg direct the respondents to retain the petttioner at anA diuision of CRPF in Hyderabad i.e., S/Zone Hyd, Range DIGP, Hgd, )na Signal Hgd and pass..."
2
DeputySolicitorGeneral of India, appearing on behalfof respondents
I I
No.4 isdirected to disposeof the representation,dated
O5.O2.2O24submittedby the petitioner, at the earliest.
6- Having regard to the submissionsmade by the learned counsel for the respectivecounsel and sincethe representation, dated05.02.2024 filed by the petitioneris pending consideration beforerespondent No.4, without going into the merits of thecase, theWrit Petition is disposed of with a direction to respondentNo.4 toconsider the representation of thepetitioner, dated 05.O2.2024and pass appropriate orders, strictlyin accordancewith law,as expeditiously aspossible, preferablywithin a period of four (04) weeks from the date of receipt of a copyof thisorder and communicatea copy thereof to the petitioner.
4
Miscellaneous petitionspending, ifany, shall stand
clo sed.
SD/- P.PADMANABHA R DY ASSISTANT REGI RAR //TRUE COPY//
1.rl 1-e
Sr
HIGH COURT
DATED:0 1 10312024
ORDER
\lVP.No.5532 ot 2024
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DISPOSING OF THE WRIT PETITION WlT oUT COSTS
1 issue framed by the court
Whether the respondents' inaction in considering the petitioner's representation regarding his transfer and disability exemption is maintainable warranting writ intervention.
Mekala Janaiah
Union of India
Director General of Police, CRPF
Pulla Kartik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
