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Madras High CourtWP(MD)/8719/2015dismissed

A. Samraj Ct. No.994340414 v. The Union Of India

2018-03-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.8719 of 2015 and M.P(MD)Nos.1, 2 and 3 of 2015 and W.M.P.(MD)Nos.1812 and 14031 of 2017 A.Samraj ... Petitioner Vs.

1.The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Director General, Central Industrial Security Force, Block No.13, C.G.O's Complex, Lodhi Road, New Delhi-110 003.

3.The Inspector of General, Central Industrial Security Force, Chennai Port Trust, Near War Memorial, Chennai-6009 009.

4.The Deputy Inspector General (SZ), Central Industrial Security Force Campus, Rajaji Bhavan, Besant Nagar, Chennai-90.

5.The Commandant, Central Industrial Security Force Unit, IPRC, Mahendragiri, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the fourth respondent in his service order No.44 of 2015 dated 06.05.2015 and quash the same in sofaras the item No.806 and to direct the respondents to retain the petitioner at Mahendragiri for one year and pass orders on the representation of the petitioner dated 07.05.2015.

For Petitioner :

Mr.A.S.Mujibur Rahman For Respondents :

Mr.S.Jeyasingh

ORDER

The petitioner is working as a Constable in CISF at Mahendragiri Unit. By the impugned order dated 06.05.2015, he was transferred to Singaneri.

2.Citing his domestic situation, he moved this court questioning the same. This Court taking into account of the same, granted interim order. Now, almost three years have lapsed. Even in the normal course, the petitioner is due for transfer. Therefore, there is no justification in keeping the issue pending any further. The writ petition is therefore dismissed.

3. At this stage, the learned counsel for the petitioner submits that the petitioner has met with an accident and he is in hospital. He would submit that he has to take treatment for two months to recuperate. The learned counsel for the petitioner requests that the petitioner can be transferred from his present posting on any date after 31st of May.

4.It is made clear that the respondent can pass order of transfer even now, but the same can be implemented after 31/05/2018. 5.With this direction, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Director General, Central Industrial Security Force, Block No.13, C.G.O's Complex, Lodhi Road, New Delhi-110 003.

3.The Inspector of General, Central Industrial Security Force, Chennai Port Trust, Near War Memorial, Chennai-6009 009.

4.The Deputy Inspector General (SZ), Central Industrial Security Force Campus, Rajaji Bhavan, Besant Nagar, Chennai-90.

5.The Commandant, Central Industrial Security Force Unit, IPRC, Mahendragiri, Tirunelveli District.

+1cc to Mr.S.Jeyasingh, Advocate, SR.No.53772. +1cc to Mr.A.S.Mujibur Rahman, Advocate, SR.No.53726. W.P.(MD).No.8719 of 2015 and M.P(MD)Nos.1, 2 and 3 of 2015 and W.M.P.(MD)Nos.1812 and 14031 of 2017 07.03.2018 RMI RAM/SV MMS/SAR 2/08.05.2018/3P/8C