No. 074610482 Const/ Gd Mridul Chandra Malakar v. The Union of India and 5 Ors

ORDER Date : 10.05.2023 Heard Mr. D. Borah, the learned counsel appearing on behalf of the petitioner and Mr. U. K. Goswami, the learned Standing counsel appearing on behalf of the respondent Nos. 1 to 6.

¶2The petitioner herein has approached this Court by filing the instant writ petition challenging the order dated 03.05.2023 whereby the petitioner has been transferred from OPS Noonmati to ONGC, Nazira. It further appears from the order itself that it is an Inter Unit Transfer.

¶3Be that as it may, it is the case of the petitioner that a child was born on

02.12.2022 to the petitioner and his wife and the process of immunization of the child is going on at Guwahati. Further to that, it is also the case of the petitioner that the petitioner has been diagnosed at P3 (Shape-III). It is also apparent from a perusal of the writ petition that on 02.05.2023, a representation has also Page No.# 3/4 been submitted to the Deputy Inspector General CISF Headquarter, NEZ Guwahati.

¶4I have heard the learned Standing counsels for the parties and also perused the materials on record. The scope of the jurisdiction under Article 226 of the Constitution in respect to transfer matters is limited and circumscribed as held by the Supreme Court in the case of Public Services Tribunal Bar Association Vs. State of U.P. and Another reported in (2003) 4 SCC 104 wherein the Supreme Court had categorically observed that it is only in rare cases where the transfer has been made in the vindictive manner, such transfer can be interfered with. This was so observed by the Supreme Court taking into account that the transfer is an incident of service.

¶5Now coming to the reasons assigned challenging the transfer order of the petitioner that the new born baby's immunization and vaccination process is presently going on at Guwahati in the opinion of this Court cannot be a justifiable cause to challenge the transfer order taking into account that such services are very well available at Nazira also. As regards the ailment of the petitioner as contended in the writ petition to be P3 (Shape-III), it has been submitted by Mr. U. K. Goswami, the learned Standing counsel for the respondents that it comes within the ambit of a lower medical category.

¶6Taking into account the same, this Court does not find any reason to interfere with the said impugned order dated 03.05.2023. However, this Court also deems it fit to observe that the petitioner would be at liberty after complying with the order of transfer dated 03.05.2023 to submit a representation to the authority concerned who shall duly consider the same in accordance with law and keeping in mind its administrative exigency. Page No.# 4/4

¶7With above observations and directions, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010097712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2515/2023o NO.o074610482oCONST/oGDoMRIDULoCHANDRAoMALAKARo S/O-oBHABENoCH.oMALAKAR,o RESIDENToOFoQUARTERoNO.oADX10,oCISFoUNIT,oOPS,oNOONMATI,o PATHARQUARY,o P.S-oNOONMATI,oGUWAHATI-20 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECERTARYoOFoHOMEoAFFAIRSo,oNEWoDELHI-01 2:THEoDIRECTORoGENERAL oCENTRALoINDUSTRIALoSECURITYoFORCEo(MINISTRYoOFoHOMEoAFFAIRS)o BLOCKo13 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-03 3:THEoINSPECTORoGENERAL oNEZ oHQRS.oGUWAHATI oASSAM oPIN-781040 4:THEoDEPUTYoINSPECTORoGENERAL oNEZ oHQRS.oGUWAHATI oASSAM oPIN-781040 5:THEoASSISTANToINSPECTORoGENERAL oNEZ Page No.# 2/4 HQRS. GUWAHATI ASSAM PIN-781040 6:THE ASSISTANT COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT OPS NOONMAT Advocate for the Petitioner : MR. D BORAH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH