Shraddha Dewangan, v. Union Of India

WA No.151 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 151 of 2019

1. Shraddha Dewangan, D/o Shri Manharan Lal Dewangan Aged About 32 Years Posted As-Sub Inspector At CISF, Unit - Airport Raipur Chhattisgarh.

---- Appellant

Versus

1. Union Of India Through - Its Secretary, Ministry Of Home Affairs, North Block, New Delhi, 110001

2. The Director General, C. I.S .F. Head Quarters, No. 13, CGO Complex, Lodhi Road, New Delhi.

3. Deputy Commandant C.I.S.F. Unit, Airport Raipur District - Raipur Chhattisgarh ---- Respondent For Appellant Shri Palash Tiwari, Advocate For Respondent/UOI Shri K.G. Yadav, Advocate Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Hon'ble Shri Parth Prateem Sahu, J.

Judgment on Board By Prashant Kumar Mishra, Ag. CJ 24/04/2019 1.

Learned Single Judge has refused to interfere with the order dated 16-1-2019 whereby the writ petitioner (appellant herein), a Sub Inspector, posted at CISF Unit, Airport, Raipur, has been transferred to Aurangabad.

WA No.151 of 2019 2.

Admittedly, the order has been passed on administrative exigency. The ground of challenge is that the petitioner has been subjected to frequent transfer and the policy for posting a CISF personnel at the home sector has not been adhered. 3.

Transfer being an incidence of service and the guidelines governing transfer of a personnel in the CISF being not enforceable as has been observed by the learned Single Judge by referring to several Supreme Court judgments in para 10 of the order impugned, we are not inclined to interfere with the order passed by the learned Single Judge, however, while dismissing the appeal we observe that it will be open for the petitioner to make a representation before the competent authority bringing to its notice the guidelines governing transfer. It is expected that the authority shall consider and decide the representation of the petitioner expeditiously. Sd/- Sd/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Gowri