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2025 DAILYLAW 10927 (GAU)

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

WP(C)/2083/2025 · 2025-04-10

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010080792025 2025:GAU-AS:4682 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2083/2025 MANAB JYATI ROY S/O JITENDRA CH. ROY, PRESENTLY SERVING AT CIAT-SLR, COUNTER INSURGENCY AND ANTI TERRORISM SCHOOL, CRPF DOYAPORE, UDHARBOND, SILCHAR, DIST- 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 DEEPUTY 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 UDHARBOND SILCHAR DIST- CACHAR ASSAM-788030 5:THE COMMANDANT Page No.# 2/3 153 BATTALION LOCATED AT CHINNAKOD CHHATISGARH PIN-494444 THROUGH RESPONDENT NO. Advocate for the Petitioner : MR. R MAZUMDAR, MR. R DEKA,MS T WAPANGLA Advocate for the Respondent : DY.S.G.I., BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 11.04.2025. Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy. SGI appearing for the respondents. Challenge made in this writ petition is to the transfer order dated 24.01.2025, issued by the DIG (Estt.) DTE, whereby as many as 20 personnel of the CRPF including the petitioner has been transferred. The petitioner has been transferred from CIAT, Silchar to 153rd Battalion at Chhattisgarh. As fairly submitted by Mr. Mazumdar, learned counsel for the petitioner that the ground of challenge is basically on medical problems suffered by the petitioner and his wife. He submits that the petitioner has already filed a representation, prior to the impugned transfer order. Having considered that the transfer order dated 24.01.2025 is a common transfer order and this Court is loathe to interfere with the transfer order, as the transfer and posting of an employee is an incidence of service. Page No.# 3/3 However, considering that the petitioner appears to be having medical problems for which such grievance would be considered by the appropriate authorities, this Writ Petition is disposed of with a liberty to the petitioner to file a fresh representation, before the appropriate authority. On receipt of such representation, that may be filed by the petitioner, the respondent authorities shall consider and dispose of the same within fifteen (15) days from the date of receipt of the representation. If the petitioner is not released as on today, he may not be released till the disposal of his representation. The writ petition stands disposed of. JUDGE Comparing Assistant