Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3630 WP No. 9596 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 9596 OF 2024 (S-RES) BETWEEN:
SRI V RAMACHANDRA REDDY S/O. V. VENKATA REDDY, AGED ABOUT 59 YEARS, OCC: HEAD CONSTABLE, GD CISF, O/O THE SENIOR COMMANDANT, CISF UNIT, URSC, INDIRANAGARA, VIMANAHAPURA POST, BENGALURU-560 017. …PETITIONER (BY SRI. JAGADEESH D. C., ADV.)
AND:
1.
THE UNION OF INDIA MINISTRY OF HOME AFFAIRS, O/O DIRECTOR GENERAL, 13-CG-OS COMPLEX, CISF HQRS LODHI ROAD, NEW DELHI-110 003.
2.
THE INSPECTOR GENERAL CISF DAE AND DOS SECTOR, HQRS, MAHIPALPUR, NEW DELHI-110 003.
3.
THE SENIOR COMMANDANT CISF UNIT, URSC, INDIRANAGARA,
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3630 WP No. 9596 of 2024
VIMANAPURA POST, BENGALURU-560 017. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED INTER-UNIT TRANSFER ORDER BEARING NO.38014/IUT/23/ 2023/197 DATED 29.04.2023 SO FAR AS IT RELATES TO SI.NO.396 854509795 POSTING THE APPLICANT FROM URSC, BENGALURU TO DAE ZONE-1, HYDERABAD VIDE ANNX-B PASSED BY THE RESPONDENTS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
The petitioner, a Head Constable working in the office of Senior Commandant, CISF Unit, URSC, Indiranagar, Bangalore is before this Court under Article 226 of the Constitution of India, questioning the transfer
order bearing No.38014/IUT/23/2023-197 dated 29.04.2023 transferring the petitioner from Bangalore to DAE Zone-I, Hyderabad.
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NC: 2025:KHC:3630 WP No. 9596 of 2024
2. Heard learned counsel Sri.D.C.Jagadish for petitioner and Sri.Shanthi Bhushan H., learned DSGI for respondents. Perused the writ petition papers.
3.
Learned counsel for the petitioner would submit that the petitioner is due to retire within another 2 years i.e., on 31.05.2025. Learned counsel would submit that as on this date, the petitioner is left with only 4 months service. Further, it is submitted that as stated in Annexure-C, petitioner’s wife is suffering from Bilateral Knee Severe Degenerative Osteoarthritis and he further submits that daughter of the petitioner expired in April 2023 due to cardiac arrest. Therefore, the petitioner sought for his continuation at Bangalore till his retirement.
4. On the other hand, learned DSGI Sri.Shanthi Bhushan brings to the notice of this Court the guidelines for posting/transfer of NGOs under Circular No.07/2024 dated 23.12.2024 issued by the Director General, Central Industrial Security Force, Ministry of Home Affairs wherein the personnel superannuating within 2 years, will be asked
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NC: 2025:KHC:3630 WP No. 9596 of 2024
to submit 03 choices of location including Home Sector in
order of preference and he/she can be posted to a location of choice based on his/her merit.
5. Learned DSGI would submit that the petitioner can make representation giving his choice of place as indicated therein and the respondents taking note of the difficulties of the petitioner would pass appropriate orders.
6. Having heard learned counsel for the parties and on perusal of the writ petition papers, in the peculiar facts and circumstances of the present case, I deem it appropriate to direct the respondents to continue the petitioner in Bangalore for another 4 months, till his retirement on 31.05.2025.
7. Admittedly, as on this date, the petitioner is left with 4 months service. Annexure-C representation of the petitioner indicates that he lost his daughter in April, 2023 due to cardiac arrest which is an unfortunate incident. Further, it is also seen that his wife is suffering from Severe Degenerative Osteoarthritis. The petitioner is at
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NC: 2025:KHC:3630 WP No. 9596 of 2024
the fag end of his service. To continue the treatment of his wife, the petitioner appears to be asking for his continuation at Bangalore. As stated above, in the peculiar facts and circumstances of the case, the following
order: (i) The writ petition is disposed of. (ii) The respondents are directed to continue the petitioner at Bangalore for the next 4 months i.e., till 31.05.2025 and permit the petitioner to retire from service.
SD/- (S.G.PANDIT) JUDGE
MPK CT:bms List No.: 1 Sl No.: 48