Entertaining a petition by personnel against posting in a routine manner is not healthy for the operation of a disciplined force, the Delhi High Court has said while dismissing a challenge by a CISF inspector to her transfer from the national capital to Rajasthan.
A bench headed by Justice Sanjeev Sachdeva, in an order released on Wednesday, said a member of the Force cannot seek to be posted at a particular location as transfer and posting is an incidence of service.
The petitioner, in the present case, assailed her new posting on the ground that her husband was suffering from a medical condition for which he was receiving treatment in Delhi and that the required medical facilities were not available in Deoli in Rajasthan, her new place of posting.
Finding no merit in the petition, the court observed that the competent authority is cognizant of the requirements of the Force as well as the availability of sufficient man power and is empowered to take a decision with regard to posting of an individual in the interest of the organisation.
The respondent authorities said, as of now, there was no vacancy available for
accommodating the petitioner at any other place.
“Petitioner is a member of the Force and transfer and posting is an incidence of service. Being a member of the Force, the individual cannot seek to be posted at a particular location,” said the bench, also comprising Justice Manoj Jain.
“Entertaining a petition in a routine manner interdicting any posting is not healthy for the operation of a Force, particularly a disciplined force. In view of the above, we do not find any merit in the petition. Petition is consequently dismissed,” the court said.
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The court, its order, noted that the husband of the petitioner was also employed with the Government of India and serving in New Delhi, and so there was no possibility of him shifting to any location without appropriate permission from his employer.
It added that in 2021, when the petitioner was posted in Delhi and sought to be shifted out, the authorities granted her request.
“Respondents have been indulgent enough in accommodating the request of the petitioner in the year, 2021 till March, 2023,” the court said.
“The petitioner would be at liberty to make an application for sympathetic consideration in case there is any changed circumstance, requiring such consideration,” said the court and granted the officer 10 days to report for duty at the new place of posting.
