C.Murugadoss v. The Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.Nos.23838 & 23839 of 2025 C.Murugadoss
...Petitioner
-Vs1.The Director General, Central Reserve Police Force (CRPF), Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.The Deputy Inspector General of Police (Org), Office of the Directorate General, Central Reserve Police Force (CRPF), Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.
3.The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai - 600 055.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in Order No.03/2025-ORG-DTE-P3DA7-PER-DG dated 28.03.2025 and the consequential order of the second respondent in Order 1/6
No.23/2025-ORG-BR-P3DA7-PER-DG dated 27.05.2025 and quash the same in so far as the petitioner is concerned and direct the respondents 1 and 2 to retain as the petitioner is concerned and direct the respondents 1 and 2 to retain him in the present station itself namely, Chennai in the light of the orders passed by this Court in S.Dakshinamurthy Vs. The Inspector General of Police, Southern Sector, Hyderabad in W.A.No.1273 of 2017 dated 25.10.2017 and pass such further orders.
For Petitioner :
Mr.J.Lakshminarayanan For R1 to R3 :
Mr.A.Kumaraguru Senior Panel Counsel
O R D E R
The instant writ petition has been filed with a prayer for issuing a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in Order No.03/2025-ORG-DTEP3DA7-PER-DG dated 28.03.2025 and the consequential order of the second respondent in Order No.23/2025-ORG-BR-P3DA7-PER-DG dated 27.05.2025 and quash the same in so far as the petitioner is concerned and direct the respondents 1 and 2 to retain as the petitioner is concerned and direct the respondents 1 and 2 to retain him in the present station itself namely, Chennai in the light of the orders passed by this Court in S.Dakshinamurthy Vs. The Inspector General of Police, Southern Sector, Hyderabad in W.A.No.1273 of 2017 dated 25.10.2017. 2/6
2. Learned counsel appearing for the petitioner would submit that he joined as a Constable in the Central Reserve Police Force (CRPF) on 14.04.1991. During 1993, in an ambush, he sustained a bullet injury, and thereafter he was considered to be as low medical category and was assigned the post of MTS, equivalent to the Constable Post, in the year 2010. It is the further submission of the petitioner that his wife is also working in the CRPF as an Inspector/Pharmacist and she was posted at Shimoga. Both the petitioner and his wife were transferred to Nagpur, and at the request of his wife, she was transferred to Composite Hospital, Chennai, whereas the petitioner was retained in Nagpur itself. Thereafter, the petitioner had given a representation, and in pursuance thereof; he was transferred to Composite Hospital, Bangalore. According to the guidelines, he is in a low medical category, so it is incumbent upon the department to post him so as to get assistance from the family. Hence, the petitioner has filed this writ petition.
3. Per contra, the learned senior panel counsel appearing for the respondents would vehemently submit that the petitioner's request was sympathetically considered and he was transferred from Nagpur to Bangalore in pursuance of the guidelines since he was in the low medical category. He 3/6
was posted in the hospital itself, and his present place of posting, Bangalore is near to Chennai. Apart from that, while exercising the power of judicial review, the Court cannot go into the administrative decision unless it is tainted with male fide and perverse.
4. Having anxious consideration on either side submissions and perused the materials available on record.
5. While looking into the submission of the petitioner, it is seen that at request of the petitioner, he was transferred to Bangalore, and this transfer was effected on 28.03.2025. Now the grievance of the petitioner is that, being in the low medical category, he must be provided Chennai so that he may be with his family and can get better assistance. Though the submission of the petitioner is attractive, this Court is not inclined to interfere with the transfer at this stage. However, the petitioner is given liberty to give representation to the respondents after a period of six months from the date of receipt of a copy of this order. If such representation is received by the respondents, the same may be considered by them as expeditiously as possible.
6. In the result, the writ petition stands dismissed in view of the 4/6
above terms. No costs. Consequently, connected miscellaneous petitions are closed.
13.06.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The Director General, Central Reserve Police Force (CRPF), Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.The Deputy Inspector General of Police (Org), Office of the Directorate General, Central Reserve Police Force (CRPF), Block No.1, CGO Complex, Lodhi Road, New Delhi - 110 003.
3.The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force (CRPF), Avadi, Chennai - 600 055.
C.KUMARAPPAN, J.
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