Offending Officer Can Be Transferred In Case Of Indiscipline In Forces

Case: Divyamol R. S. v. The Director General and others

Coram: Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P.

Case No.: W.A.NO.1596 OF 2021

Court Observation: “In a disciplined force such as the CISF, there may arise cases where the continuance of the employee in a particular station is detrimental to the maintenance of discipline at that station, and in such cases it may seem prudent to the employer to transfer the employee to a different station so that the twin objectives of maintaining discipline at one station, whilst simultaneously availing the service of the employee at another station, are achieved without casting any aspersion on the character or conduct of the employee.”

“There is no prejudice caused to an employee in such cases because there is no stigma cast on him/her through the order of transfer, which would affect his/her future prospects in the particular service.”

“The facts of the instant case bring to the fore a classic instance of how a litigant, with the help of clever lawyers, can successfully tweak the law and the legal system in her favour, and avoid transfers and postings that form an integral part of her conditions of service.”

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Keywords

Offending Officer, Transferred In Case, Indiscipline In Forces