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Madras High CourtWP/10778/2023closed

Sandeep Kumar Parashar v. Union Of India

2023-06-19Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH & WMP.Nos.10721 & 10723 of 2023 Sandeep Kumar Parashar

...Petitioner

Vs 1.Union of India rep. by its Chairman, Railway Board, Rail Bhavan, Raisina Road, New Delhi-110 001.

2.The Director General of Railway Police, Railway Protection Force, Railway Bhavan, New Delhi-110 001.

3.The Principal Security Commissioner, Railway Protection Force, Moormarket Complex, Chennai-600 002.

4.The Senior Divisional Security Commissioner, Railway Protection Force, Chennai-600 003.

5.Kumaresan Senthil, Senior Divisional Security Commissioner, Railway Protection Force, Chennai-600 003.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records and quash the impugned orders passed by the fourth and fifth respondent in Office Order No.13/2023; No.M/XP.677/IRT/2023 dated 07.02.2023 and No.M/XP.677/IRT/2023 dated 08.02.2023, quash the same and direct the respondents to retain the petitioner in the same station.

For Petitioner : Mr.K.Venkataramani, Sr. Counsel for Mr.M.Muthappan For Respondent : Mr.S.W.Parthasarathy, Sr. Counsel Nos.1 to 4 Government Standing Counsel

O R D E R

Heard Mr.K.Venkataramani, learned Senior Counsel for the petitioner and Mr.S.W.Parthasarathy, learned Senior Counsel for the respondents 1 to 4.

2. Through the impugned orders dated 07.02.2023 and 08.02.2023, the petitioner was transferred from Southern Railway to the Eastern Railway. Pursuant to the impugned orders and during the pendency of the Writ Petition, the petitioner had joined the Eastern Railway and continued to work there.

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3. The learned Senior counsel for the petitioner submitted that the petitioner is a native of Rajasthan and that, if his request for being transferred to the Northern Railway at a later stage is considered, he would be satisfied.

4. In consideration of the submission of the learned Senior counsel for the petitioner, the petitioner is granted liberty to make an application to the concerned respondent seeking for transfer to Northern Railway and on receipt of the same, the respondent shall consider the same on its own merits and in accordance with law, within a period of two weeks from the date of receipt of the petitioner's representation. The Writ Petition stands closed. Consequently, the connected Miscellaneous Petitions are closed. There shall be no order as to costs.

19.06.2023 Index:Yes/No Order :Speaking /Non-speaking DP 3/4

M.S.RAMESH,J.

DP To 1.The Chairman, Union of India, Railway Board, Rail Bhavan, Raisina Road, New Delhi-110 001.

2.The Director General of Railway Police, Railway Protection Force, Railway Bhavan, New Delhi-110 001.

3.The Principal Security Commissioner, Railway Protection Force, Moormarket Complex, Chennai-600 002.

4.The Senior Divisional Security Commissioner, Railway Protection Force, Chennai-600 003.

& WMP.Nos.10721 & 10723 of 2023 19.06.2023 4/4