Rinju Datta And ANR v. Union Of India And ORS.

19.07.2021.

W.P.A. 11541 of 2021 ab Ct.

Rinju Datta & Anr.

Vs The State West Bengal & Ors.

Mr. Kamalesh Bhattacharya Mr. Shahan Shah Mr. Md. Shamim Halder ... For the Petitioners.

Mr. Arijit Majumdar Ms. Debapriya Gupta ... For the Respondents.

Affidavit of service is filed in Court today be kept on record.

Learned Counsel appearing for the petitioners submits that the petitioners are working at Kolkata Airport under CISF and both of them have been transferred from Kolkata to Goa. The petitioner nos. 1 and 2 are husband and wife and the wife being a lady constable she should be posted in her own town. Learned Counsel further prays for quashing of the orders of transfer dated 24th June, 2021.

Learned Counsel appearing for the authority submits that considering the petitioners are husband and wife, both of them were transferred from Kolkata to Goa, as there is no vacancy in Kolkata Airport and both of them have completed the normal tenure of their posting at Kolkata.

Heard both the parties.

I find that the representations are been made by both the petitioners before the Additional Director General/Airport Sector, Central Industrial Security Force being the respondent no. 3 in the instant application. The respondent no.

is requested to consider the representation of the petitioners at an earliest, preferably within a period of two weeks from date. The respondent no. 3 is also requested to give an opportunity of hearing to the petitioners or their authorized representatives before considering their representations and to pass a reasoned order within two weeks from the date and to communicate the same to the petitioners at an earliest.

I request the respondent no. 3 not to transfer the petitioners from Kolkata to Goa before communicating the reasoned order to the petitioners.

I make it clear that I have not gone into the merits of the writ petition, all the issues are left open to be considered by the respondent no.3 and be decided by him.

The writ petition being W.P.A. 11541 of 2021 is accordingly disposed of.

There will be no order as to costs.

Since no affidavits have been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Urgent certified website copy of this order, if

applied for, be made available to the parties upon compliance with the requisite formalities.

(Rajarshi Bharadwaj, J.)