Rajiv Kumar v. Union Of India & ORS.
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6323/2017 & CMs 26184-85/2017 RAJIV KUMAR ..... Petitioner Through: Mr.Ankur Chibber, Adv.
versus UNION OF INDIA & ORS.
..... Respondents Through: Mr.Ravi Prakash, CGSC with Mr.Farman Ali, Adv.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 26.07.2017 Learned counsel for the respondents has obtained instructions. It is stated that the petitioner herein was posted at CRPF Academy Kadarpur on request. It is stated that he has now been posted to 244 Battalion for imparting basic training to new recruits. About 20,000 new recruits are to be given training at ad hoc training Centres of CRPF. The training of these new recruits is of important and has to be given in a time bound manner. The petitioner has been posted to 244 Battalion at Bhopal in public interest and due to operational needs and requirements. As per paragraph 15 of the Standard Order 7/2015, the Director General can issue an order of transfer on administrative ground and in exigency of duties, notwithstanding the transfer policy.
Learned counsel for the petitioner states that the petitioner was earlier posted at Regional Training Centre, Rajgir, which is a Naxalite
effected area and was a hard posting. This posting has been however, treated as static posting and not hard one. The petitioner, apprehends that after about 9 months, the 244 Battalion would be moved to a Naxalite affected area. It is stated that the petitioner was posted in Kadarppur academy on 30th March, 2016 and has been in the said Academy for a period of about one year.
In view of the explanation given by the respondents, we are not inclined to interfere with the movement order. However, the petitioner is at liberty to make a representation to the respondents pointing out the relevant facts including his posting at Regional Training Centre, Rajgir which it is stated was a Naxalite affected area. The said aspect would be taken into consideration by the Authorities if and when 244 Battalion is given a movement order. With the aforesaid observations, the writ petition is disposed of. SANJIV KHANNA, J NAVIN CHAWLA, J JULY 26, 2017 RN