The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9731 of 2023 Chanchala Barik Union of India and others …. Petitioner Mr. J.K. Khandayatray, Advocate -versus- …. Opposite Party Mr. P.K. Parhi, DSGI along with Mr. B. Moharana, CGC CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 04.04.2023 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon’ble Court may graciously be pleased to: transferring the Petitioner (i) Quash / set-aside the impugned Order of transfer, dated 02.03.2023 as at Annexure- 11, from G.C., CRPF, Bhubaneswar to G.C. Bilaspur and rejection Order dt. 17.03.2023 of her request, issued by the Opp. Party No.2 as at Annexure-13, so far as it relates to the Petitioner is concerned, by concurrently holding the same as bad, illegal and non-est in the eye of law; (ii) Pass such other order(s) or issue direction(s) as may be deemed fit and // 2 // proper in the bona fide interest of justice.” 4. It is submitted by learned senior counsel for the petitioner that challenging the earlier transfer order, the petitioner had approached this Court by filing a writ application bearing W.P.(C) No.20473 of 2022. The coordinate Bench of this Court disposed of the said writ application vide order dated 21.09.2022 with a direction to the Opposite Party No.2 to take a fresh decision in the matter after quashing of the impugned order dated 09.08.2022 under Annexure-4. While passing the aforesaid order, the coordinate Bench of this Court has mentioned that the petitioner is a widow and her children are prosecuting their studies. Further, the said coordinate Bench of this Court was directed to the said Opposite Party No.2 that till such a fresh decision is taken with due communication, status-quo as on date with regard to continuance of the petitioner be maintained. 5. Learned counsel for the petitioner further submitted that after disposal of the above noted writ application, the petitioner approached the authorities/Opposite Parties dated 31.10.2022 under Annexure-8 cancelled the transfer order and the petitioner was permitted to continue at Bhubaneswar. Finally, the impugned order has been passed on 02.03.2023 under Annexure-11 whereunder the petitioner has been transferred from GC-Bhubaneswar to GC- Bilaspur and thereafter, the petitioner was submitted a representation to the authorities on 04.03.2023 under Annexure-13. The representation of the petitioner under Annexure-12 has been rejected by the Opposite Parties vide order dated 17.03.2023 under Annexure- 13. Learned counsel for the petitioner further contended that the representation submitted by the petitioner has not been considered on proper perspective. Rather the authorities have rejected the // 3 // representation by using a printed form. 7. Mr. P.K. Parhi, learned DSGI along with Mr. B. Moharana, learned CGC, on the other hand, submitted that the petitioner has been transferred a part of summer change of the year 2023. He further contended that in CRPF transfer take place on routine basis regulating the course as per the administrative operational convenience. Therefore, the petitioner has been transferred by following the transfer policy adopted by the CRPF. He further submitted that required transfer policy has been introduced by a standing order dated 27.09.2022, which lays down transfer policy. Therefore, learned DSGI submitted that the petitioner may be directed to approach the Opposite Parties, who consider his case by taking into consideration the latest standing order with regard to the transfer policy. In the event petitioner approaches before the Opposite Parties, the Opposite Parties may be directed to consider his case in accordance with law within a stipulated period of time keeping in view the aforesaid standing order. 8. Further, it is contended that in view of the transfer policy in CRPF, the Opposite Parties ensure that a common policy is adopted in respect of the staff of CRPF. Accordingly, taking into consideration all aspects, the representation of the petitioner has been rejected. 9. However, it is submitted by learned counsel for the petitioner that the rejection order under Annexure-13 does not reveal the specific ground on which the representation of the petitioner has been rejected. 10. Considering the submissions made by the respective parties, upon careful consideration the background facts of the present case, // 4 // this Court is of the considered view that the impugned order dated 17.03.2023 under Annexure-13 does not disclose the specific ground on which the representation of the petitioner rejected although there is several grounds were received on the representation of the petitioner and the impugned order dated 17.03.2023 under Annexure- 13 is hereby set aside and further this Court deems it proper to dispose of the writ petition at the stage of admission by directing the petitioner to file a fresh representation before the Deputy Inspector General of Police, CRPF, G.C., Bhubaneswar-Opposite Party No.4 specified grounds along with supporting documents within ten days from today. In the event such a representation is filed within the aforesaid period, the Opposite Party No.4 shall do well to consider and dispose of the same in accordance with law within a period of four weeks from the date of receipt of the representation and the same shall be considered and disposed of by passing a speaking and reasoned order within the aforesaid time stipulated. Decision so taken on the same shall be communicated to the Petitioner within a period of one week thereafter. 11. Further, it is directed that till decision is taken on the representation of the petitioner, the petitioner shall not be disturbed from the present place of posting and the order dated 02.03.2023 under Annexure-11 shall not be given effect to till disposal of the representation. 12. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Jagabandhu ( A.K. Mohapatra) Judge // 5 //