CISF Personnel Can Be Deployed Anywhere In India Or Abroad As Per Requirements; Operational Exigencies Can't Be Sidelined: Delhi High Court
The Delhi High Court has said that Central Industrial Security Force (CISF) personnel can be deployed anywhere in India or abroad as per operational requirements and the administrative or operational exigencies can never be sidelined or disregarded.A division bench of Justice Sanjeev Sachdeva and Justice Manoj Jain perused the transfer policy, in respect of CISF personnel in various sectors,...
The Delhi High Court has said that Central Industrial Security Force (CISF) personnel can be deployed anywhere in India or abroad as per operational requirements and the administrative or operational exigencies can never be sidelined or disregarded.
A division bench of Justice Sanjeev Sachdeva and Justice Manoj Jain perused the transfer policy, in respect of CISF personnel in various sectors, and said that the guidelines are not sacrosanct.
“Thus, there is no prohibition or embargo in posting any CISF personnel anywhere and said clause in isolation cannot be used as a tool to restrict any such transfer order,” the court said.
It added: “The policy of Home Sector posting has to be taken as a broad guiding factor and cannot be, even otherwise, construed as sole deciding factor. One cannot shut its eyes to the other clauses of said policy which suggest that CISF official can be posted anywhere on administrative grounds and in the interest of operational necessities of the Force.”
The court made these observations while rejecting the plea moved by an Assistant Sub Inspector in CISF seeking quashing of the order transferring him to South Sector. He sought a direction on the authorities to retain him in his home sector.
“There is no denying the fact that home sector of the petitioner is north. Admittedly, he is in his 4th service tenure. As already noted, as per the aforesaid transfer policy, any such CISF official needs to be posted in his home sector for the remainder of his service. Fact, however, remains that such clause regarding posting in Home Sector in 4th tenure cannot be read in isolation. The transfer policy has to be read as a whole,” the court said.
It added that transfer from one place to another is generally a condition of service and no government servant has a legal right to be posted at any particular place.
Counsel for Petitioner: Mr. P. Sureshan, Advocate
Counsel for Respondents: Mr. Hilal Haider, GP and Mr. Tanvir Ansari, SPG
Title: ALI MOHAMMED v. DG, CISF AND ORS.
Citation: 2024 LiveLaw (Del) 219