IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.02.2010 CORAM: THE HONBLE MR. JUSTICE K.CHANDRU W.P.No.4144 of 2010 & M.P.No.1 of 2010 A.Raja .. Petitioner Vs. 1. The Deputy Inspector General Central Industrial Security Force Southern Zone Head Quarters Rajaji Bhava, Besant Nagar Chennai 2. The Group Commandant Central Industrial Security Force Southern Zone Head Quarters Rajaji Bhava, Besant Nagar Chennai 3. Ramasamy 4. The Assistant Commandant Central Industrial Security Force Unit CPCL, Manali, Chennai 5. P.Chinnaiah 6. Pitchanti 7. Paramasivam 8. Venkatesh .. Respondents Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of declaration, declaring the action of the 1st respondent in transferring the petitioner from CPCL, Chennai to DIOM, Dhoni in Karnataka to be illegal, null and void and issue such further or other order or directions deemed fit and proper in the fact and circumstances of this case. For Petitioner :: Mr.M.Ramamoorthi O R D E R
The petitioner is working in the Central Industrial Security Force and at present attached to CISF Unit, CPCL, Manali. The petitioner, by an order dated 4.2.2010 was informed by the Assistant Commandant that Deputy Inspector General, South Zone has issued a movement order asking the petitioner to be shifted from the present station to DIOM, Dhoni in Karnataka State.
2. The petitioner has come forward to raise two issues. One was that his child is studying at Kendriya Vidyalaya School at Chennai in 9th Standard. Secondly, the order emanated with mala fide complaint made by the 6th and 8th respondents in the same station. But, however, the movement order has been issued by the Deputy Inspector General, South Zone and there is no male fide alleged against him. The question as to whether this Court can entertain such a Writ Petition against the movement order issued by the Central Industrial Security Force on the ground that his children are studying and he must be allowed to continue, cannot be gone into by this Court.
3. In fact, the Supreme Court vide its judgment in Major General J.K.Bansal vs. Union of India and others reported in (2005) 7 SCC 227 in para 12 observed as follows:
“12. It will be noticed that these decisions have been rendered in the case of civilian employees or those who are working in public sector undertakings. The scope of interference by the courts in regard to members of armed forces is far more limited and narrow. It is for the higher authorities to decide when and where a member of the armed forces should be posted. The courts should be extremely slow in interfering with an order of transfer of such category of persons and unless an exceptionally strong case is made out, no interference should be made.”
4. The exception pointed out by the Supreme Court in the order is not set out herein. This Court is not persuaded to interfere with the movement order. In the light of the same, the Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition stands closed.
ajr
To
1. The Deputy Inspector General
Central Industrial Security Force
Southern Zone Head Quarters
Rajaji Bhava, Besant Nagar
Chennai
2. The Group Commandant
Central Industrial Security Force
Southern Zone Head Quarters
Rajaji Bhava, Besant Nagar
Chennai
3. The Assistant Commandant
Central Industrial Security Force Unit
CPCL, Manali,
Chennai