High Courts do not usually interfere in matters of Paramilitary transfers; however exceptions can be made only in the rarest or rare cases where there is no alternative. A single-member bench of the High Court of Jharkhand consisting of Justice Dr. S.N. Pathak dealt with this matter in the case of Mukesh Singh C.I.F.F. No. 942294301 v The Union of India [W.P. (S) No. 1482 of 2021] on 8th June 2021.
The petitioner, Mukesh Singh is working for the Central Industrial Security Force and is presently posted at the CISF Unit in Jadugoda. His wife has conceived using I.V.F. Technology at Jamshedpur where she needs to visit for regular consultation of the doctors. Her expected date of delivery is 2nd September 2021; however on 13th April 2020 he was issued a transfer order. The petitioner mentioned that he is conscious of the fact that the high court does not usually interfere with transfer orders in the CISF, however in the present scenario and special circumstances he humbly prays for the Court to stay the transfer order for three months on the grounds of the doctor’s advice that his wife needed complete bed rest and he is the only person who can look after her. The respondents vehemently opposed the contention.
The court stated that the petitioner being a member of the Para Military Force has to maintain discipline and obey the orders of the superior authority. However in this instant case, as there is no one else to look after the petitioner’s wife who is desperate need of care, an exception can be made. Justice Dr. S.N. Pathak can be quoted as saying “Under such special circumstances, petitioner is directed to file a fresh representation before the Competent Authority i.e. respondent No.3, within three days from today along with a copy of this Order. After receipt of the same, the respondent No.3 shall give sympathetic consideration to the case of the petitioner and pass an appropriate order, staying the relieving order of the petitioner till 1 st week of October, 2021 and further, a date may be fixed for relieving to the petitioner for joining the transferred place after 1st week of October, 2021”. However it was also emphasized that “This order has been passed in special circumstances; it will not be treated as a precedent for other transfer matter”.
