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High Court of DelhiW.P.(C)/4738/2016

Manoj Kumar v. The Director General, Crpf & ORS

2016-05-25Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Mr. Justice Sunil Gaur2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4738/2016 & C.M. 19787/2016 MANOJ KUMAR ..... Petitioner Through:

Mr. D.P. S. Dagar & Mr. R.P.

Nafria, Advocates versus THE DIRECTOR GENERAL, CRPF & ORS.

..... Respondents Through:

Mr. P.C.Yadav, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 25.05.2016 1.

The present petition has been filed by the petitioner praying inter alia for direction to the respondents to quash the transfer order dated 17th February, 2016, posting him to 199 Battalion, which is stationed at Pitupura, District Bijapur, Chhattisgarh.

2.

When the case was taken up day before yesterday, learned counsel for the petitioner had drawn our attention to the representation dated 5th March, 2016, submitted by the petitioner requesting inter alia that he be considered for transfer to the Home Zone or J & K Zone on the ground that he had been posted in the LWE area for a period of five years and seven months and yet again, he is being posted to the LWE area by the impugned transfer order.

3.

Learned counsel for the respondents submits that classification of the CRPF Zones have been undertaken and there are three stations (A) Hard Field Stations (B) Field Stations and (C) Static/ Peace Stations. He states that the petitioner was posted on one occasion to Sarguja, W.P.(C) 4738/2016

Chhattisgarh for a period of two years and eleven months and to Midnapur, West Bengal for a period of two years and eight months and neither of the said postings are Hard Field Stations, as both the Stations fall under category-A. In support of the said submission, learned counsel for the respondents hands over a copy of the Standing Order No. 7/2015 dated 4th August, 2015, wherein classifications of CRPF stations have been undertaken along with the classification of the units. He states that the petitioner is now expected to undergo posting at a hard zone (Special Operation Zone) and in these facts, the Court may not interfere in the transfer order dated 17th February, 2016. A copy of the Standing Order No. 7/2015 dated 4th August, 2015 is taken on record. 4.

Learned counsel for the petitioner states that the petitioner has already been relieved day before yesterday, pursuant to his Movement Order.

5.

In view of the submission made by learned counsel for the respondents that the earlier two postings of the petitioner in the LWE area are considered postings at Hard Field Stations, falling under Category- "A" and till date, he has not been posted at a Hard Zone (SOZ), we are of the opinion that he is not entitled to any relief in the present petition. 6.

The petition and the application are accordingly dismissed. HIMA KOHLI, J SUNIL GAUR, J MAY 25, 2016 r W.P.(C) 4738/2016