T. Laln v. Union Of India

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 03.08.2018 Between:

T.Lalu, s/o. M.Thankachan, Aged about 41 years, Occu: Railway Employee, R/o H.No.202, 2nd Floor, Shine Arcade, opp: Syndicate Bank, East Anandbagh, Malkajigiri, Secunderabad.

.....Petitioner and Union of India, rep.by its Director General, Railway Protection Force, Railway Board, Rail Bhavan, New Delhi and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner is presently working as Driver in Railway Protection Special Force at Moula-ali. By the order impugned, he is now transferred to 4th Battalion, Railway Police Special Force, New Jalapayagudi. This order of transfer is challenged in this writ petition.

2.

According to learned counsel for petitioner, petitioner is transferred to far away from the present place of posting, that crime was registered against the petitioner vide Crime No.288 of 2017 of Musheerabad Police Station, Hyderabad and according to the understanding of petitioner, Police are in the process of filing charge-sheet and if that being so, petitioner has to regularly attend to trial and as present place of posting is very far from Hyderabad/Secunderabad, it would cause lot of inconvenience to him to attend to trial. He, therefore, submitted that petitioner ought not to have been transferred to such far of place and in fact, there are several vacancies nearer to the present place of posting and petitioner could have been accommodated.

3.

It is not in dispute that petitioner has rendered long service in the present place of posting and is liable for transfer wherever the Railway Protection Special Force Battalion is located in the country. Thus, I do not see any error in the order transferring the petitioner.

4.

According to learned counsel for petitioner, ventilating the difficulties petitioner submitted representation on 26.07.2018 to the Director General, Railway Protection Force, copy of which is enclosed as Exhibit-P10 to the writ petition paper book but so far no decision is made.

5.

That being so, writ petition is disposed of directing the Director General, Railway Protection Force (1st respondent) to examine the request of petitioner for posting to any near by place and to take appropriate decision as warranted by law. It is also open to petitioner to make additional representation, if so advised. In the event of petitioner making additional representation within a week from today, a decision shall be taken and communicated to the petitioner within a period of four weeks from the date of receipt of copy of additional representation. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 03.08.2018 Note: Issue CC in three days.

(b/o.) kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 03.08.2018 kkm