Himachal Pradesh High Court: A Division Bench comprising of Surya Kant, CJ and Ajay Mohan Goel, J. stated that the transfer in a Paramilitary force was the discretion of the respective authority.
The petitioner was an Assistant Sub Inspector in Sashatra Seema Bal who has been ordered to be transferred to West Bengal for which he submitted a representation through his counsel Peeyush Verma as to defer his transfer order for six months on the ground of his ailing wife who was suffering from Chronic Mental Disorder for the last thirteen years being treated in Shimla and Delhi. The request of the petitioner has been denied for which the present appeal has been preferred.
The Court was of the view that even though transfer was an incidence of service and the petitioner being a member of the disciplined Para Military Forces rarely be permitted to agitate against his posting anywhere throughout the country but respondents on sympathetic grounds could consider the mitigating circumstances highlighted by the petitioner and transfer him to a place which was in close proximity to either Delhi or Shimla. Accordingly, the petition was disposed of by stating that the final call for transfer was the discretion of the respondent. [Bharat Singh v. Union of India, 2018 SCC OnLine HP 1838, decided on 27-12-2018]
