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1919 DAILYLAW 1 (GAU)

MANAB JYATI ROY v. THE UNION OF INDIA AND 4 ORS

WP(C)/1919/2026 · 2026-06-04

Shamima Jahan

Writ Petition (Civil)body1919

Judgment text

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Page No.# 1/3 GAHC010066022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1919/2026 MANAB JYATI ROY S/O- JITENDRA CH. ROOY, PRESENTLY SERVING AT CIAT-SLR, COUNTER INSURGENCY AND ANTI TERRORISM, SCHOOL, CRPF DOYAPORE, UDHARBAND, SILCHAR, DISTRICT- CACHAR, ASSAM- 788030 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110003 2:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX NEW DELHI- 110001 3:THE DEPUTY INSPECTOR GENERAL (ESTABLISHMENT) OFFICE OF THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX NEW DELHI- 110001 4:THE PRINCIPAL COUNTER INSURGENCY AND ANTI TERRORISM SCHOOL CRPF DOYAPORE UDHARBAND SILCHAR DISTRICT- CACHAR ASSAM- 788030 Page No.# 2/3 5:COMPANY COMMANDER HQR COY COUNTER INSURGENCY AND ANTI TERRORISM SCHOOL CRPF SILCHAR DISTRICT- CACHAR ASSAM- 78803 Advocate for the Petitioner : MS T WAPANGLA, MR. D GOGOI Advocate for the Respondent : DY.S.G.I., MS. B SARMA(C.G.C.) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 05.06.2026 Heard Mr. D. Gogoi, learned Counsel for the petitioner and Ms. B. Sharma, learned CGC. By this application, the petitioner has prayed for setting aside and quashing of the transfer order dated 22.12.2025 and has also prayed for restraining respondents from giving effect to the said transfer order for the reason that his wife was ailing and that he has minor children. The case of the petitioner is that he was serving as a Constable/GD at Counter Insurgency and Anti-Terrorism, School, CRPF , Silchar, Cachar and he has been serving in the said post and that he has been discharging his duty to the best of his ability. It is the further case of the petitioner that while he was working in the said post of Constable at Cachar, a transfer order dated 22.12.2025 was issued, by which the petitioner is transferred from his serving place at Cachar to 202-BN- CoBRA in the State of Orissa. The petitioner states that his wife had given birth Page No.# 3/3 to his child only a few months back and that his wife is suffering from post child birth and as such finding it difficult to approach on his posted place at Orissa, he filed a representation before the Principal, CIAT School, CRPF, Dayapur, Silchar, which was considered and on the ground that he has completed more than 4 years in the present place of posting i.e. Silchar, the said claim was not acceded to. Being aggrieved, the petitioner as such approach this Court challenging the said transfer order. During the pendency of the instant writ petition, the learned CGC was asked to bring the instructions as to whether medical facilities are available at the place of posting to which he was transferred and in compliance of the same, the learned CGC has placed before this Court that necessary medical facilities are available at the transferred place i.e. at Orissa. She further submits that the petitioner was relieved from his present place of posting i.e. Cachar a day before. As such, this Court directs the petitioner to joined at his place of posting at Orissa and that he need not worry about the medical treatment of his wife since medical facilities are available at the said place. Petition is as such disposed of. JUDGE Comparing Assistant