Dominica Tirkey v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2718 of 2016 Dominica Tirkey W/o Ambrose Tirkey Aged About 47 Years Posted As Sub Inspector (Ministrial Staff) At D.I.G. Border Security Force Sector Head Quarter Durg, Office At Old B.S.P. Rest House Sector 6, Near Maharana Pratap Chowk, Bhilai, P.O. Civic Center Durg, District Durg Chhattisgarh R/o Old M.O.H., Room No. 67, Sector 4, St 16, Bhilai, District Durg Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through Special Director General (Eastern Command) Border Security Force, Personal Branch 2, 20/1, Gurusaday Road Kolkatta 700019

2. The Inspector General, Border Security Force, Tactical Frontier Head Quarter Special Ops Chhattisgarh Office At Risali Bhilai, District Durg Chhattisgarh

3. Deputy Inspector General, Border Security Force, Sector Head Quarter Durg, Office At Old B.S.P. Rest House Sector 6, Near Maharana Pratap Chowk, Bhilai, P.O. Civic Center Durg District Durg Chhattisgarh ---- Respondents Shri Amiyakant Tiwari, counsel for the petitioner/s. Shri Bhupendra Singh, counsel for Union of India. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/07/2016 This petition has been filed by the petitioner challenging transfer order by which, the petitioner has been transferred to Guwahati Frontier Eastern Command.

2.

The transfer order has been challenged on the ground that the transfer order is in violation of the Border Security Force (Tenure of posting and deputation) Rules, 2000 (for short 'the Rules of 2000') as also administrative instructions (Annexure P/8) dated 25/02/2014. 3.

As far as the rules are concerned, there is no prescription that an officer cannot be transferred unless he completes six years of service. The petitioner has remained posted at Tactical Frontier Head Quarter Chhattisgarh since

11/06/2013. The provisions contained in Rule 6 of the Rules of 2000 only provides for maximum six years posting in a frontier. This would not mean that an officer has to be continued for six years.

The impugned order has been issued in compliance of directions issued by the competent authority. Administrative instructions, on which, reliance has been placed in Clause 8 thereof, clearly stipulates that the competent authority shall have all the powers to transfer an officer in administrative exigency notwithstanding non-completion of six years. Petitioner is a ministerial staff of Border Security Force. Therefore, in these circumstances, grievance of the petitioner does not warrant any interference by this Court. 4.

The petition is therefore dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti