HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 798 of 2008 Dated 22nd January, 2008 Between No.6935701-W.LNK/DVR(MT) Brij Mohan …Petitioner and The Union of India, through Secretary, Ministry of Defence, Government of India, New Delhi, and ors. …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No. 798 of 2008 ORDER: The petitioner, who is serving the Indian Army, has filed this Writ Petition questioning the order dated 06-07-2007, passed by the seventh respondent, transferring him from AOC Center, Secunderabad to 19 INF DOU, i.e. Jammu & Kashmir and the consequential movement order dated 14-01-2008. The petitioner was enrolled in the Indian Army as Sepoy Driver (MT) in the year 1993 and worked at various stations. It is stated that in the year 2000, while he was working in Punjab, a non-bailable warrant dated 19-07-2000 was issued for his arrest by the CBI Court, Dehradun, Uttar Pradesh for the alleged irregularities in the matters of recruitment at Branch Recruitment Office, Agra and later he was granted bail on 29-08-2000. It is stated that after the formation of Uttaranchal, the CBI Court was relocated to Gaziabad, Uttar Pradesh and the petitioner has been attending the proceedings. It is further stated that petitioner was posted to AOC, Secunderabad, in May, 2004. The only ground on which the order of transfer and consequential movement order are questioned is that a case is pending against him in the CBI Court, at Gaziabad and therefore the order of transfer is contrary to Regulation 420 of the Regulations for the Army 1986. Learned counsel for the petitioner submits that the case registered against the petitioner for the alleged irregularities committed by him in the matters of recruitment at Branch Recruitment Office, Agra is pending in CBI Court, Gaziabad and hence he cannot be transferred to Jammu & Kashmir, which is a very far-away place. He further submits that as per Regulation 420 of the Regulations for the Army, 1986, the petitioner is required to be posted nearer to the place where he is facing enquiry. The petitioner has filed a copy of Regulation 420 of the Regulations for the Army, 1986, which reads as follows: “ 420. Duties while Released on bail: (a) A JCO, WO, OR or an enrolled non-combatant, released on bail and awaiting trial by the civil power will, during the period he remains on bail perform all military duties without prejudice to his trial by the civil power when required to surrender for the same. (b) In order to facilitate resumption of duties, he will be attached to a unit/formation nearest to the place where the court is situated. As soon as the CO of the arrested person receives information about the arrest by the Civil police in accordance with para 397, the person will be instructed telegraphically that, if and when released on bail by the Court, he will report for duty to the nearest formation/unit immediately so that he may be able to perform duty. The formation/unit to which the person reports on release on bail will intimate the date of his arrival to his parent formation/unit who in turn will issue necessary orders relating to his attachment: In the said Regulation, it is merely stated that an officer facing criminal proceedings at the instance of the civil police, soon-after his release on bail by the Court, and awaiting trial, shall report for duty to the nearest formation/unit immediately, so that he may be able to perform all military duties without prejudice to his trial. But, in the said regulation, there is no express provision for retention of an officer at a place, which is nearer to the place where the Court is situated. It is to be noted that the order of transfer is passed on administrative grounds and the petitioner has also completed substantial period in AOC Center, Secunderabad. Time and again, it has been held that transfers can be made to meet exigencies and in line with the requirement. The contention of the learned counsel for the petitioner that a case, involving the petitioner, is pending in the CBI Court at Gaziabad and hence he cannot be posted to a far-away place, cannot be accepted for the reason that AOC Center, Secunderabad, where the petitioner wants to be continued, is also far off from the place of enquiry. So, even if the petitioner is continued at Secunderabad, it makes least difference as far as court proceedings at Gaziabad are concerned. If petitioner is facing any hardship, it is for him to make a representation for change of posting, but, I see no ground to interfere with the order of transfer, which is purely on administrative grounds. The Writ Petition is devoid of merits and is accordingly dismissed. However, it is made clear that if the petitioner makes an application for change of posting, it is open for the respondents to consider the same and pass appropriate orders on its own merits uninfluenced by any of the observations made in this order. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 22-1-2008 Note: CC in two days (BO) Msnr.