Onkar Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2175 of 2015 In Civil Writ Jurisdiction Case No.13094 of 2015 ====================================================== Onkar Kumar son of Baleshwar Prasad, Resident of Village- Koli Police Station- Halsi, District- Lakhisarai, at present Group Centre CRPF, Mokama Ghat, S.I. (Min). Police Station- Mokama District- Patna. ... ... Petitioner-Appellant/s

Versus

1.

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

2.

The Director General of Police, Central Reserve Police Force, Block No.1, C.G.O. Complex, Lodi Road, New Delhi, 110003. 3.

The Special D.S.G., Central Zone, Central Reserve Police Force, Salt Lake, Kolkata.

4.

The Inspector General of Police, Bihar Sector, Central Reserve Police Force, Patna.

5.

The Deputy Inspector General of Police, Bihar Patna, Central Reserve Police Force, Group Centre, Mokama Ghat, Patna.

... ... Respondents-Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rabi Bhushan, Advocate For the Respondent/s :

Mr. S.D Sanjay (ADDL. SOC. GEN.) Mr. Anshay Bahadur Mathur, C G C ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-09-2017 Challenging an order dated 07.08.2015, Annexure-4 passed by the respondents transferring the petitioner, a constable, from Mokamaghat, Bihar to the State of Madhya Pradesh, he had filed the writ petition primarily on account of various personal reasons and contending that the transfer is contrary to the transfer policy. The learned Writ Court taking note of the fact that it is an

Patna High Court LPA No.2175 of 2015 dt.04-09-2017 2/2 administrative order of transfer directed that the petitioner should take up the issue departmentally. We see no reason to make any indulgence into the matter. The transfer was issued in the year 2015 and it is reported by the respondents that the petitioner has already joined the transferred post. We grant liberty to the petitioner to represent departmentally with regard to the grievance, if any, still subsisting and it would be for the Department to proceed with the representation of the petitioner in accordance with law.

With the aforesaid liberty to the petitioner, we dispose of the matter.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2017 Transmission Date