In a significant ruling, the Supreme Court of India deliberated on the transfer policy guidelines in the case involving CISF personnel at the Indira Gandhi International Airport, New Delhi. The judgment sheds light on the intricacies of transfer regulations and their implications for individuals working in hypersensitive areas. Stay tuned to understand the legal nuances of this important case. #CISF #SupremeCourt #LegalCase #TransferPolicy
Facts
- The petitioner joined the Central Industrial Security Force on 23.08.2010 and was transferred to Indira Gandhi International Airport, New Delhi.
- The petitioner started suffering from cold and cough at Agra Airport in 2018, attributed to cold air from air conditioners.
- Upon visiting AIIMS, New Delhi on 23.08.2021, the petitioner was advised to avoid cold air from air conditioners.
- The petitioner filed an appeal to the Director General, CISF due to harassment by two officials, but it was ineffective.
- Despite being declared in SHAPE II Category for medical fitness in 2023, the petitioner was transferred to Sivagangia, Tamil Nadu on 20.03.2024.
Arguments
- Petitioner is required to be in SHAPE I Category due to working in a hypersensitive area at IGI Airport, New Delhi.
- Transfer Policy is considered a Guideline, not mandatory, and aids in existing positions for personnel like the petitioner in the CISF.
- Pertaining to Clause 16 of Guidelines, the petitioner has low merit for Home Sector/Eastern Sector and is unlikely to be posted there due to health condition.
- Transfer is an exigency of service, not a matter of choice, and individuals like the petitioner are bound to follow directions issued by the respondents regarding transfer.
- Transfer of the petitioner out of Home Sector is probable due to being declared in SHAPE II Category and the hypersensitive nature of the IGI Airport.
- CISF may prioritize personnel based on merit and length of service for Home Sector tenure, leading to the petitioner being posted out of his Home Sector.
- Petitioner seeks to set aside the order for transfer and requests a transfer as per the Guidelines for CISF personnel.
- Minimal scope of interference in transfer matters under Articles 226 and 227 of the Constitution of India unless there is arbitrariness, bias, or mala-fide intentions.
- Guidelines provide a segregation of terms based on tenure for personnel like the petitioner, but do not guarantee benefits in his favor.
Analysis
- 1.1
- 1.2
- 1.3
- 1.4
- 1.5
- 1.6
- 1.7
- 1.8
- 1.9
Case Title: PAWAN KUMAR MATHURI Vs. UNION OF INDIA & ORS. (2024:DHC:3199-DB)
Case Number: W.P.(C)-4793/2024
