The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22319 of 2023 Mita Rout …. Mr. M.K. Khuntia, Advocate Petitioner -versus- Director General, RPF, New Delhi & others …. Opposite Parties
Legal Reasoning
Mr. P.K. Parhi, DSGI Along with Mr. B.K. Padhi, CGC CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 18.07.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned Central Government Counsel. Perused the writ petition along with the documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore prayed that the Hon’ble Court may graciously be pleased to admit the case and call for the records and after hearing both the parties pass the following reliefs:- i) ii) To quash the order dtd.12.07.2023 under Annexure-2 in so far as it relates to the petitioner. To allow the petitioner to continue at his present place of posting. iii) To pass such order/orders as would be // 2 // deemed fit and proper.” 4. It is submitted by learned counsel for the petitioner that being aggrieved by the transfer order dated 12.07.2023 under Annexure-2, the petitioner has approached this Court by filing the present writ application. It is further submitted by learned counsel for the petitioner that in view of the transfer Policy vide Directorate No.58 for the R.P.F. personnel, the routine transfer so far as required to be passed by 15th of March every year. This was brought to the notice of the Court by referring to the clause under the heading of periodical transfer Sub-clause-18. 5. On perusal of the said clause, it reveals that the Officer and Staff shall be required to fill up their choices of postings within One month of freezing and posting of such data for their perusal. After expiry of such period, no further modifications would be permitted. Clause-(xix)- The process of annual transfers: All annual periodical transfers shall be processed in the month of January every calendar year and completed on or before 15th of March or before end of local Academic Sessions, whichever is earlier; so as the Officer and staff so affected could get sufficient time to plan for setting of their families and admissions of the wards, as the case may be. 6. Learned counsel for the petitioner, at this juncture, further contended that since the impugned transfer order under Annexure-2 passed in the month of July, 2023, the wards of the petitioner as well as other officers, who are likely to suffer in the mid-academic transfer. Moreover the transfer violates the Policy under Directorate No.58 for the R.P.F. personnel and staff. Accordingly, learned counsel for the petitioner submitted that the transfer order may kindly be set aside and the petitioner be allowed to continue at the present // 3 // placed of posting to complete the academic sessions of the wards of the petitioner. 7. Mr. P.K. Parhi, learned DSGI along with Mr. B.K. Padhi, learned Central Government Counsel appearing for the Opposite Parties submitted before this Court that the transfer has been made on the administrative ground. Referring to Annexure-2, he further contended that the transfer exercises on the option of the petitioner and he has been transferred in that regard. He also contended that the transfer order under Annexure-2 reveals that the same has been passed inter se administration. Accordingly, it was contended by learned Central Government Counsel that there is no scope on the part inter se modifications when the transfer order under Annexure-2 and the same has been passed in a routine manner by transferring officers/personnel of the R.P.F. 8. On careful consideration of the submissions made by learned counsels for the respective parties as well as examination of background of facts and the documents placed before this Court, the provisions contained in Directorate No.58 observes that the policy has been formulated to regulate the periodical transfer clearly provides that the above call for prior to the month of January every calendar year and completed on or before 15th of March or before end of local Academic Sessions, whichever is earlier and the said Directive No.58 transfer order to be passed on or before 15th of March so that the Officers and staff are likely to be disturbed and the academic session of their wards so also not disturbed by the mid- academic session of the staffs and forces. Therefore, this Court is of the considered view that while formulating the transfer policy, the authorities taking note of the fact including the officer/staff likely to // 4 // cause transfer one place to other. However, in the present case it appears that the same has not been taken into consideration while passing the impugned order under Annexure-2 to the writ application. 9. In view of the aforesaid factual background facts of the case and analysis of transfer Policy in Directorate No.58 for the R.P.F. personnel, this Court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the petitioner to file a fresh representation ventilating his grievances along with certified copy of this order including the Directive No.58 before the Principal Chief Security Commissioner, R.P.F. East Coast Railway, Bhubaneswar-Opposite Party No.2 within a period of one week from today. 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 strictly in accordance with Directive No.58 and any other laws applicable to such transfer 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. Further, this Court observes that the Opposite Parties shall explore possibility no disturb the petitioner and similarly situated other officers/staffs during mid- academic sessions, if possible to allow the petitioner to continue till March next year as per Directive No.58 and the authorities may consider the transfer case of the petitioner given effect to w.e.f. March, 2024 instead of disturb the officers/staff in mid-academic sessions as well as the wards inconvenience. 10. It is further directed that in the event the petitioner is not // 5 // relieved from his duty, he shall not be relieved from duty for a period of four weeks. 11. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application in course of the day. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Jul-2023 19:22:04