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2025 DAILYLAW 10279 (GAU)

L/HC/GD NO. 034510450 SMTI TRISHNA BARO v. THE UNION OF INDIA AND 4 ORS

WP(C)/1911/2025 · 2025-04-06

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010071132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1911/2025 L/HC/GD NO. 034510450 SMTI TRISHNA BARO W/O- MAHENDRA BORO, R/O- CISF UNIT, OPS, NOONMATI, P.O.- UDAYANVIHAR, P.S.-SATGAON, DIST.- KAMRUP (M), ASSAM. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY OF HOME AFFAIRS, NEW DELHI- 110001. 2:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE (MINISTRY OF HOME AFFAIRS) BLOCK-13 CGO S COMPLEX LODHI ROAD NEW DELHI- 110003. 3:THE INSPECTOR GENERAL NEZ HQRS GUWAHATI ASSAM PIN-781040. 4:THE ASSISTANT INSPECTOR GENERAL NES HQRS. GUWAHATI ASSAM PIN- 781040. Page No.# 2/3 5:THE ASSISTANT COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT OPS NOONMATI Advocate for the Petitioner : MR. D BORAH, K BARMAN,MS P SINGH Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 07/04/2025 Heard Mr. D. Borah, learned counsel for the writ petitioner. Also heard Mr. B.Deka, learned CGC, appearing for the respondents. By filing this writ petition, the petitioner, who is serving as L/HC/GD at CISF Unit, posted at OPS, Noonmati, has assailed her inter-unit transfer order dated 07/05/2024 issued by the Assistant Inspector General, CISF, NES, Hqrs, Guwahati. By the impugned order dated 07/05/2024, the authorities have affected a series transfer, pursuant whereto, the petitioner was transferred from Noonmati, Guwahati and posted at IOCL Digboi. The petitioner is resisting the order of transfer by urging that there are two Matrimonial cases pending against her before the learned Family Court at Guwahati and in the Court of learned SDJM, Baksa. As such, she prays that the transfer order be modified and she be allowed to continue in the present place of posting until disposal of those proceedings. Mr. B. Deka, learned CGC, submits that the transfer of the petitioner was overdue and that there is no scope to modify the order of transfer on the grounds urged by the petitioner. Mr. Borah, learned counsel for the petitioner, on the other hand, submits that the representation dated 05/01/2025 submitted by the petitioner has not been considered till date. The fact, however, remains Page No.# 3/3 that the petitioner has already approached this Court by filing the writ petition and, therefore, the order passed in the writ petition will govern the representation submitted by her. Considering the fact that the petitioner is in a transferable job and transfer is an incident of service, this Court is of the opinion that the ground on which the petitioner seeks modification/alteration/cancellation of her transfer order, is totally untenable in the eyes of law. Even if the petitioner joins at Dibgoi, there is no reason as to why, she cannot attend the Matrimonial proceedings pending in the Courts at Guwahati and Baksa. Moreover, in case of any emergency, now-a-days, the facility of appearing before the Court through virtual mode i.e. through Video Conferencing facility is also available, which facility can be easily availed by the writ petitioner. For the aforesaid reasons, this writ petition is held to be devoid of any merit. The same is accordingly, dismissed. JUDGE Comparing Assistant