HomeLawDelhi HC upholds CISF personnel's transfer, says administrative, operational exigencies can't be...

Delhi HC upholds CISF personnel’s transfer, says administrative, operational exigencies can’t be sidelined

New Delhi, Feb 27 (IANS) The Delhi High Court has underscored that Central Industrial Security Force (CISF) personnel can be stationed anywhere across India or overseas, based on operational demands and administrative exigencies.

“… any CISF personnel can be deployed anywhere in India or abroad as per the operational requirements of the force. The administrative and operational exigencies can never be sidelined or disregarded,” the High Court said.

The Division Bench comprising Justice Sanjeev Sachdeva and Justice Manoj Jain was hearing a petition filed by a CISF Assistant Sub Inspector, who challenged his transfer to the South sector, seeking to remain in his home sector.

While examining the CISF’s transfer policy, the High Court noted that the guidelines within the policy were not inflexible and must not be seen as an absolute prohibition against posting personnel in different locations.

“Moreover, the aforesaid extracted clauses of the transfer policy go on to indicate that these guidelines are not sacrosanct. Thus, there is no prohibition or embargo on posting any CISF personnel anywhere and the said clause in isolation cannot be used as a tool to restrict any such transfer order,” it further said.

The Bench clarified that while the policy does suggest a preference for posting personnel in their home sector during their fourth service tenure, this aspect cannot overshadow the broader operational and administrative needs of the force.

The court remarked that the transfer policy should be regarded as a general guiding principle rather than the sole determinant in transfer decisions.

It stressed that operational necessities and administrative reasons could necessitate postings beyond the personnel’s home sector.

Furthermore, the court said that transfers are a common aspect of service conditions, and no government servant possesses an inherent right to be stationed at a preferred location.

“Transfer from one place to other is generally a condition of service. No such government servant has legal right to be posted at any particular place,” the court said.

–IANS

spr/rad

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

For any legal details or query please visit original source link given with news or click on Go to Source.

Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.

If you are not willing to accept this disclaimer then we recommend reading news post in its original language.

RELATED ARTICLES
- Advertisment -

Most Popular