Courts not to interfere in matter of CISF transfers, expect in exceptional cases: High Court of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI Petitioner W.P.No. 14821 Mukesh Singh C.I.S.F. No. 942294301 The Union of India represented through Home Secretary Department of Home New Delhi. The Director General CISF CGO Complex New Delhi Senior Commandant CISF Unit UCIL Jadogoda East Singhbhum Deputy Commandant CISF Unit UCIL Jadogoda East Singhbhum. CORAM: THE HON BLE MR. JUSTICE DR. S.N.PATHAK Through: Video Conferencing) … Respondents For the Petitioner For the Respondents Mr. Jitesh Kumar Advocate Mr. Rajiv Sinha ASGI 03 08.06.2021 Learned counsel for the petitioner undertakes to remove the defects within a period of two weeks. The petitioner has approached this Court for staying the order of transfer dated 13.04.2020 and subsequent relieving order dated 05.03.2021 Annexure 4 & 5 respectively) for one year due to the reasons that his wife is on family way and has conceived through I.V.F. Technology and as per the advice of treating Doctor she needs extra care. Learned counsel for the petitioner submits that petitioner was appointed in CISF and at present posted at CISF Unit UCIL Jadugoda East Singhbhum and his wife is on family way and has conceived through I.V.F. Technology at Jamshedpur. Expected date of delivery as per Ultrasound report is 02 11.09.2021 and she is in regular consultation of doctors of IVF care at Jamshedpur. Learned counsel further argues that he is very conscious of the fact that usually transfer orders are not interfered by the Hon’ble Court but in present scenario and special circumstances the prayer of the petitioner is fit to be entertained on the specific ground that as per the advice of Doctor his wife needs complete bed rest and he is only person to look after her way and as such the transfer order may kindly be stayed for 3 months only. On the other hand Mr. Rajiv Sinha learned ASGI vehemently opposes the contention of the learned counsel for the petitioner and submits that already earlier the order of relieving has been amended on 05.03.2021 and the petitioner has been asked to join the transferred post on or before 10.06.2021. However in compelling circumstances as expected date of delivery as per Ultrasound 2 report of his wife is 02 11.09.2021 the petitioner may approach the Competent Authority for extension of his relieving period for three months only. Be that as it may having gone through the rival submissions of the parties this Court is of the considered view that admittedly the transfer is an incident of service and the petitioner being a Member of Para Military Force has to maintain discipline and obey the orders of the superior authority. In the instant case as the wife of the petitioner is on family way and has conceived through IVF Technology and expected date of delivery as per Ultrasound report is 02 11.09.2021 and petitioner is only person to look after her wife. Under such special circumstances petitioner is directed to file a fresh representation before the Competent Authority i.e. respondent No.3 within three days from today along with a copy of this Order. After receipt of the same the respondent No.3 shall give sympathetic consideration to the case of the petitioner and pass an appropriate order staying the relieving order of the petitioner till 1st week of October 2021 and further a date may be fixed for relieving to the petitioner for joining the transferred place after 1st week of October 2021. This order has been passed in special circumstances it will not be treated as a precedent for other transfer matter. Accordingly writ petition stands disposed of. punit 

Summary: High Courts do not usually interfere in matters of Paramilitary transfers; however exceptions can be made only in the rarest or rare cases where there is no alternative.  A single-member bench of the High Court of Jharkhand consisting of Justice Dr. S.N. Pathak dealt with this matter in the case of Mukesh Singh C.I.F.F. No. 942294301 v The Union of India [W.P. (S) No. 1482 of 2021] on 8th June 2021. The petitioner, Mukesh Singh is working for the Central Industrial Security Force and is presently posted at the CISF Unit in Jadugoda. His wife has conceived using I.V.F. Technology at Jamshedpur where she needs to visit for regular consultation of the doctors. Her expected date of delivery is 2nd September 2021; however on 13th April 2020 he was issued a transfer order. The petitioner mentioned that he is conscious of the fact that the high court does not usually interfere with transfer orders in the CISF, however in the present scenario and special circumstances he humbly prays for the Court to stay the transfer order for three months on the grounds of the doctor’s advice that his wife needed complete bed rest and he is the only person who can look after her.  The respondents vehemently opposed the contention.