Madras High CourtWP/35429/2019disposed of

Sudhir Kumar Agnihotri, v. Union Of India,

2019-12-20Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.35429 of 2019 and W.M.P No.36261 of 2019 Sudhir Kumar Agnihotri Petitioner vs.

1. Union of India Rep. by its Secretary to Government, Rail Bhavan, New Delhi - 110 001.

2. The Director General, Rail Bhavan, New Delhi - 110 001.

3. The Principal Chief Security Commissioner. Regional Railway Protection Force, Western Railway, Mumbai - 400 020.

4. The Senior Divisional Security Commissioner, Mumbai Central - 400 008.

5. The Principal Chief Security Commissioner, Southern Railway, Moore Market Complex, Chennai - 600 003.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the impugned order passed in Ref. Railway Board's 2018/Sec(E)/TR-3/177 dated 08.07.2019 and the consequential order of the 3rd respondent in Ref.

No.BFE/111/3/1/IPF vol.I dated 11.07.2019 and quash the same and direct the respondents to re-transfer the petitioner to Western Railway within a reasonable time.

For Petitioner : Mr.K.Venkatramani Senior Counsel for M.Muthappan For Respondents: Mr.P.T.Ramkumar Standing Counsel

O R D E R

This writ petition has been filed challenging the order of transfer passed by the 2nd respondent dated 08.07.2019 and for a consequential direction to re-transfer the petitioner to the Western Railway.

2.It is seen from records that the petitioner was working in the Western Railway and by virtue of order of transfer, he has been transferred to the Southern Railway. This order was passed in the month of July 2019 by the 2nd respondent and this Court is not inclined to interfere with the said order. 3.The petitioner is expressing certain difficulties on domestic grounds and therefore, he has made representations on 21.08.2019 and 29.11.2019 to the respondents to consider his re-transfer to the Western Railway.

4.Heard Mr.K.Venkatramani, learned Senior Counsel appearing on behalf of the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel appearing on behalf of the respondents.

5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the 2nd respondent to consider the representations dated 21.08.2019 and 29.11.2019 given by the petitioner and pass appropriate orders strictly in accordance with law, within a period of six weeks from the date of receipt of copy of this order. 6.This writ petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No Costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr To

1. The Secretary to Government, Union of India, Rail Bhavan, New Delhi - 110 001.

2. The Director General, Rail Bhavan, New Delhi - 110 001.

3. The Principal Chief Security Commissioner. Regional Railway Protection Force, Western Railway, Mumbai - 400 020.

4. The Senior Divisional Security Commissioner, Mumbai Central - 400 008.

5. The Principal Chief Security Commissioner, Southern Railway, Moore Market Complex, Chennai - 600 003.

+1cc to Mr.P.T.Ramkumar , Advocate SR.No.106475 +1cc to Mr.M.Muthappan , Advocate SR.No. 106390 W.P No.35429 of 2019 and W.M.P No.36261 of 2019 A.SK(04/02/2020)