N.Ramesh v. The Deputy Inspector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1290 of 2017 and C.M.P.No.17946 of 2017 N.Ramesh Appellant
Versus
1 The Deputy Inspector General of Police Recruit Training Centre Central Reserve Police Force Avadi Chennai-600 065.
2 The Deputy Inspector General of Police (Estt.) O/o.The Director General of Police Central Reserve Police Force CGO Complex Lodhi Road New Delhi-110 003.
3 The Director General of Police Central Reserve Police Force CGO Complex Lodhi Road New Delhi-110 003.
Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 7.8.2017 passed in W.P.No.31182 of 2016 on the file of this court.
PRAYER IN WP.31182/16 Writ of Certiorarified mandamus Calling for the records in respect of the Transfer Order in Signal Message No.T.IX-12(ADM)/ 2016-Estt. dated 30.06.2016 passed by the 2nd respondent and quash the same in so far as it relates to the petitioner and consequently direct the respondents not to transfer the petitioner herein before the expiry of 4 years tenure stipulated in standing order No.01/2014
For appellant : Mr.J.Lakshmi Narayanan For respondents : Mr.Su.Srinivasan, Asst. Solicitor General
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties for some time.
2. It appears that the appellant, serving in Central Reserve Police Force, sought for indulgence with the order transferring him from Chennai to Jammu and Kashmir on the basis of family circumstances and illness of his wife and having failed in the writ petition, has come up with the present writ appeal.
3. Learned counsel appearing for the appellant submits that the case of the appellant may be considered sympathetically. He would further submit that the appellant has not been paid salary in the meanwhile.
4. Having perused the order passed by the learned Single Judge and taking into consideration the facts and circumstances of the case, we are not inclined to show much indulgence by interferring with the order of transfer, which seems to be a routine one on administrative factors. However, in modification of the order passed by the learned Single Judge, we direct the appellant to report at the Station where he is transferred, on or before 1st December 2017. In the meanwhile, it is open to the appellant to submit a representation to the authorities concerned, in which event, the present order passed by this court will not stand in the way of the authorities in considering the same. So far as non payment of salary is concerned, it would be taken care of by the authorities immediately.
5. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ssk.
To:
1 The Deputy Inspector General of Police Recruit Training Centre Central Reserve Police Force Avadi Chennai-600 065.
2 The Deputy Inspector General of Police (Estt.) O/o.The Director General of Police Central Reserve Police Force CGO Complex Lodhi Road New Delhi-110 003.
3 The Director General of Police Central Reserve Police Force CGO Complex Lodhi Road New Delhi-110 003.
+1cc to Mr.J.LAKSHMI NARAYANAN Advocate, S.R.No. 73998 W.A.No.1290 of 2017 RK (CO) TR(22/11/2017)