Mumbai High Court Upholds C.I.S.F. Inter-Sector Transfer, Stresses on Administrative Prerogative”
In a recent verdict, the Honorable Chief Justice K. Vinod Chandran and Justice Partha Sarthy of the High Court of Judicature at Patna have upheld the inter-sector transfer of a Sub-Inspector Ministerial in the Central Industrial Security Force (C.I.S.F.). The judgment emphasizes the significance of administrative decisions in maintaining a homogeneous mix of personnel within the force.
The appellant, Mr. Manoj Kumar Gupta, had challenged his transfer, citing compassionate grounds related to his wife’s medical treatment and his son’s education. However, the court, while acknowledging these concerns, underscored that administrative decisions such as transfers should be made considering broader factors.
In its observation, the court noted, “Transfer is an incidence of service,” and clarified that transfers can only be challenged if they are malafide, punitive, or outside the authority’s power. In Mr. Gupta’s case, none of these circumstances applied.
The court referred to Section 15 of the C.I.S.F. Act and Circular No. 22 of 2022, which outline the guidelines for transfers within the force. It highlighted that maintaining a balance between home and out-of-home sector personnel is essential for the effective functioning of the C.I.S.F. and ensuring security in various locations across the country.
The judgment also pointed out that administrative authorities had considered Mr. Gupta’s case and found it did not warrant an exception to the administrative requirements of the force. The court, therefore, concluded that there was no compelling reason to interfere with the administrative decision to transfer him.
This verdict reiterates the principle that administrative decisions, including transfers, should be respected, particularly in disciplined organizations like the C.I.S.F. It underlines the need to balance individual concerns with broader administrative and security considerations.
Mr. Manoj Kumar Gupta was represented by Advocate Mr. Manoj Kumar, while the Respondents were represented by Dr. Krishna Nandan Singh, ASG; Mr. Renuka Sharma, CGC; Mr. Prakritita Sharma, JC to ASG; and Mr. Sriram Krishna, JC to ASG during the legal proceedings.
Date of Decision: 13-09-2023
Manoj Kumar Gupta vs The Union of India
Mumbai High Court Upholds C.I.S.F. Inter-Sector Transfer, Stresses on Administrative Prerogative”
