CISF Employee Cannot Seek To Be Posted At Particular Location, Only Competent Authority Is Authorized To Take Such Decisions: Delhi HC
The Delhi High Court held that an individual employed in the Central Industrial Security Forces (CISF) cannot seek posting at a particular location.
While dismissing the Petition, the Court held that only the competent authority can decide postings. The Court noted that posting and transfer is an incident of service.
The Bench comprising Justice Sanjeev Sachdeva and Justice Manoj Jain noted, “Petitioner is a member of the Force and transfer and posting is an incidence of service. Being a member of the Force, the individual cannot seek to be posted at a particular location. It is the competent authority, which is cognizant of the requirements of the Force as well as the availability of sufficient man power and is empowered to take a decision with regard to posting of individual in the interest of the Force”.
Advocate Amit Bardhan Mohanty appeared for the Petitioner, and Advocate Jatin Singh appeared for the Respondent.
Petitioner was serving as Inspector (Executive) in the CISF. She was posted from Delhi to Rajasthan as she had served in the former city for over ten years. A Writ Petition was filed challenging the transfer order. The Petitioner contended that her husband's medical condition required constant treatment.
The Court held that transfer and posting is an incident of the service, and the competent authority can only make such decisions. The Court held that an individual employed in CISF cannot seek posting at a particular location.
However, the Court granted the Petitioner the liberty to apply for sympathetic consideration in case there is any change in circumstances requiring such consideration.
Accordingly, the Court dismissed the Petition.
Cause Title: Nirmala Devi v Union of India (Through Its Secretary) & Ors
