The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16472 of 2023 Damodar Das Union of India and others …. Mr. S.K. Dalai, Advocate Petitioner -versus- …. Opposite Parties Mr. P.K. Parhi, DSGI along with Mr. D. Gochhayat, CGC JUSTICE A.K. MOHAPATRA CORAM: Order No.
Decision
ORDER 08.08.2023 W.P.(C) No.16472 of 2023 & I.A. No.11458 of 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 application as well as documents annexed thereto and the I.A. No.11458 of 2023. 3. The present writ petition has been filed by the petitioner with the following prayers: it is, “Under such circumstances, therefore, humbly prayed that this Hon’ble Court may kindly graciously be pleased to admit the petition and issue notice to the Opposite Parties and hearing upon them further be pleased to quash the order dtd.08.02.2023 under Annexure-1 and be further pleased to direct the Opposite Party No.2 to re-consider the case of the petitioner in the lite of Govt. guidelines to give posting to the petitioner either at Cuttack or nearby Cuttack under Khordha to secure ends of justice. And or direction/directions as this Hon’ble Court deem just and order/orders, other pass any // 2 // proper.” 4. It is submitted by learned counsel appearing for the petitioner that the petitioner had earlier approached this Court by filing a writ petition bearing W.P.(C) No.34811 of 2022, which was disposed of by this Court vide order dated 21.12.2022 directing the petitioner to file a fresh representation before the Opposite Parties and the Opposite Parties were directed to dispose of the same in accordance with law within a stipulated of time. After disposal of the aforesaid writ application, the petitioner submitted a representation dated 04.01.2023 before the Opposite Paties. The Opposite Party No.2 vide his order dated 08.02.2022 has disposed of the representation of the petitioner holding that the request of the petitioner for posting in Cuttack or nearby Cuttack under Khordha Road division on spouse ground cannot be considered and is hereby rejected. 5. Leaned counsel for the petitioner further contended that the grounds taken in the order dated 08.02.2022 while rejecting the representation of the petitioner is unsustainable in law. He further submitted that the Directive No.32 dated 28.12.2017 is still in force under such Directive No.32 the provision of spouse ground. Referring to guideline no.3(iii), learned counsel for the petitioner submitted that there is a provision which speaks considering the transfer of the members of the force from one station to another, the authorities have to consider the fact that the petitioner and his spouse particular a station, the same was brought to the notice of the Opposite Parties and as far as possible said members of the post shall be posted at the same station or nearest station. Referring to the aforesaid provision in directive No.32, learned counsel for the petitioner submitted that while rejecting the representation of the petitioner, the Opposite Parties have not given due regard in such // 3 // provision of the directive. 6. Learned counsel for the petitioner also referred to the documents filed along with I.A. application on such documents draws attention of this Court, submitted that similarly situated employees so far spouse are posting in different places on posting to same place or nearby place. In such context, learned counsel for the petitioner also referred to some of the cases under Annexures-13 and 14 to the writ application. 7. In such view of the matter, learned counsel for the petitioner contended before this Court that the rejection of the representation of the petitioner by the Opposite Party No.2 is highly illegal and arbitrary. 8. Learned Central Government Counsel appearing on behalf of the Opposite Parties, on the other hand, submitted that pursuant to direction passed in the earlier writ application, the Opposite Party No.2 has considered the case of the petitioner and on such consideration found that the petitioner is not eligible and suitable to transfer Cuttack or nearby Cuttack under Khordha Road division. Accordingly, no illegality has been committed in passing the impugned order by the Opposite Party No.2. In such view of the matter, learned Central Government Counsel submitted that the writ petition is devoid of merit and accordingly, the same should not be entertained. 9. Having heard learned counsels appearing for the respective parties, on a careful examination of the background facts of the present case and the materials placed on record, this Court considering the urgency deems it proper to dispose of the writ petition at the stage of admission by directing the petitioner to // 4 // approach the I.G.-cum-Principal Chief Security Commissioner, Railway Protection Force, East Railway, Bhubaneswar-Opposite Party No.2 again by filing a representation taking therein grounds as has been taken in the I.A. No.11548 of 2023 within two weeks from today along with certified copy of this order. In the event such a representation is filed within the aforesaid period, the Opposite Party No.2 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 keeping in view the directive No.32 as well as documents filed as Annexures-11, 12, 13 and 14 to the writ application and take a final decision in the matter, if required revised earlier order within the aforesaid time from the date of filing such representation along with certified copy of this order 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 two weeks thereafter. 10. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 09-Aug-2023 10:32:27 ( A.K. Mohapatra ) Judge