Patna High CourtCWJC/18410/2014dfd for non appearance

Ajay Kumar Singh v. The Union Of India And ORS

2015-07-17Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18410 of 2014 ====================================================== Ajay Kumar Singh Son of Sri Lalan Singh, Of Village - Jhawan, P.O. - Benwalia, P.S. - Bihia, District - Bhojpur (Arrah). .... .... Petitioner/s

Versus

1. The Union of India through the Secretary Home, New Delhi.

2. The Director General, CRPF, C.G.O., Complex Lodhi Road, New Delhi.

3. The Inspector General CRPF, Bihar Sector Digha, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Sanjay Kumar (ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-07-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the petitioner in this writ application has prayed for to cancel the transfer order of the petitioner from 131 Battalion C.R.P.F., Patna to 226 Battalion C.R.P.F., Chhatisgarh and the petitioner has not even produced such impugned order of transfer, this Court would hardly find any ground to interfere in the matter.

3. As a matter of fact, the petitioner, being a member of the disciplined force, was required to join on his transferred place at Chhatisgarh when he as per his own statement in paragraph no. 7 of the writ petition came to know on 2.10.2014 about his transfer to chhatisgarh from his Company Commander and could have thereafter represented for his being accommodated at a place

Patna High Court CWJC No.18410 of 2014 (2) dt.17-07-2015 2/2 where he could have got his wife treated allegedly suffering from various ailments. The petitioner, being a member of the disciplined force, having thus not complied the order of transfer from Patna to Chhatisgarh for a period of nine months has infact already committed a misconduct and consequently become liable for disciplinary action.

4. That being so, this is writ application wholly misconceived and is accordingly dismissed.

(Mihir Kumar Jha, J) Sujit/- U