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Crime-Justice

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

IANS | February 27, 2024 11:53 AM

NEW DELHI: 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.

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