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Patna High Court

Jagdish Prasad MishraversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The order dated 20‑02‑2026 is set aside for not considering the hardship score, and the respondent is directed to pass a fresh order within 60 days after the petitioner files a fresh representation.

Summary

The petitioner, a Group‑C officer of the CRPF, filed a writ petition challenging the order dated 20‑02‑2026 which denied his preferred posting in the Summer Chain Transfer (SCT) for 2022. He contended that the Directorate General’s Standing Order‑04/2022, clause 6(b), requires the hardship score to be considered in transfer decisions, and that his hardship score of 517 (out of a total of 7,768) was ignored. The Union of India sought time to file a counter‑affidavit, but the court held that such a procedural step would not remedy the substantive breach. The court found that the order indeed failed to take the hardship score into account, violating the standing order’s provisions. Consequently, the court set aside the impugned order and directed the petitioner to file a fresh representation, with the respondent required to pass a fresh order within 60 days. The writ petition was thereafter disposed of.

Issues considered

  • Whether the order dated 20‑02‑2026 violated clause 6(b) of Standing Order‑04/2022 by not considering the petitioner’s hardship score.
  • Whether the petitioner is entitled to relief directing a fresh consideration of his transfer preferences.
  • Whether the court can set aside the transfer order on the ground of non‑compliance with the standing order.

Subjects

  • CRPF
  • Transfer Policy
  • Hardship Score
  • Summer Chain Transfer
  • Writ Petition
  • Administrative Law
  • Standing Order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3981 of 2026
                 ======================================================
                 Jagdish Prasad Mishra Son of Anil Kumar Mishra, Resident of Village-
                 Hariram Patti Katnai Anshik, P.S.- Bahariya, District- Prayagraj (U.P.), At
                 present F/No. 111250013 A.S.I./Min. G.C. C.R.P.F., Muzaffarpur (Bihar).
                                                                           ... ... Petitioner/s
                                                    Versus

           1.    The Union of India through Director General, Directorate General, Central
                 Reserve Police Force, Block No.1 CGO Complex, Lodhi Road, New Delhi-
                 110003, (Ministry of Home Affairs).
           2.     The D.I.G. (ORG), Directorate, C.R.P.F., CGO Complex, Lodhi Road, New
                  Delhi- 110003.
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Ms. Rekha Ranjan Prasad, Advocate
                 For the Respondent/s   :       Ms. Kalpana, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the Union of India.

                               2. The present writ petition has been filed for the

                   following relief/s:-

                                        “I. For the issuance of any appropriate writ,
                                        commanding the respondents to allow the
                                        choice post of transfer in Summer Chain
                                        Transfer (SCT) in 2022.
                                        II. For the issuance of an appropriate writ
                                        directing the respondents to consider his 1st
                                        choice i.e. for JK.
                                        III. For the issuance of any other appropriate
                                        writ to which the petitioner is entitled by this
                                        Hon’ble Court.”


                               3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.3981 of 2026(2) dt.23-03-2026
                                            2/4




          petitioner was working in the CRPF and by virtue of filing the

          present writ petition, he has challenged the order dated

          20.02.2026 passed on his representation to consider his transfer

          of SCT (Summer Chain Transfer) 2026. Counsel submits that

          the Directorate General, CRPF has issued Standing Order-

          04/2022 dated 27.09.2022 with regard to Transfer Policy of

          Group- ‘A’ Officers (Up to the Rank of Deputy Commandant),

          Group- ‘B’ & ‘C’ Officials/Personnel of the Force. Counsel

          submits that the petitioner is admittedly a Group-C officer. He

          submits that as per clause 6(b) of the said Standing Order-

          04/2022 dated 27.09.2022, it is the policy that for SCT transfer,

          the hardship score for transfer will be based on the location of

          unit/establishment HQr at a particular place. Counsel submits

          that in the representation, the hardship score has been

          mentioned, but in the order dated 20.02.2026, it is apparent that

          the hardship score has not been considered at all.

                      4. Learned counsel appearing for the Union of India

          submits that time may be granted to file a counter affidavit in

          this matter.

                      5. This Court after hearing the parties is of the opinion

          that the matter is relating to transfer and granting time for filing

          counter affidavit shall not solve any purpose. As per the
Patna High Court CWJC No.3981 of 2026(2) dt.23-03-2026
                                            3/4




          Standing Order- 04/2022 dated 27.09.2022, it transpires that the

          Directorate General, CRPF has issued the said standing order

          whose clause 6 is very much relevant and reads as under:-

                                “6. The Sumer Chain Transfer will be done
                                through 'SANTOS' Software. All those who are
                                eligible for transfer will be identified and their
                                names will be checked and approved by
                                concerned Unit/office. All concerned will be
                                allowed to fill preferences/choices. After this
                                transfer will be issued through Software.
                                (a) Every officer/official/personnel will be
                                able to give preferences/choices in various
                                eligible Units/Offices. The maximum number
                                of preferences which can be given in various
                                categories will be decided by Dte. Preferences
                                are to be filled up very carefully keeping in
                                view of the vacancies and hardship score.
                                Filling up the preferences is not a guarantee
                                for posting to preferred unit/establishment.
                                Also no officer/official/personnel can lay
                                claim for any particular post or location.
                                (b) Hardship score for transfer will be based
                                on the location of unit/establishment HQr at a
                                particular place. The hardship score is liable
                                to be changed depending upon the operational
                                and other administrative consideration of the
                                particular area. The points for home posting
                                will be reduced as decided by Directorate.”
             Patna High Court CWJC No.3981 of 2026(2) dt.23-03-2026
                                                         4/4




                                     6. In the representation of the petitioner, it is there that

                       the hardship score for the petitioner was 517 & total score as

                       7768. But at the time of disposal of his representation, there is

                       no whisper with regard to consideration of his hardship score.

                                     7. As such, this Court is of the view that clause 6 of

                       the said Standing Order- 04/2022 dated 27.09.2022 quoted

                       above has not been taken into consideration.

                                     8. In this view of the matter, the order dated

                       20.02.2026 issued under the seal of D.I.G (ORG) DTE by the

                       office of Central Reserve Police Force, Directorate General,

                       Block No.1 CGO Complex, Lodhi Road, New Delhi is hereby

                       set aside. The petitioner is directed to file his fresh

                       representation along with a copy of this order before the D.I.G.

                       (ORG), Directorate, C.R.P.F., CGO Complex, Lodhi Road, New

                       Delhi (Respondent no.2). Upon receipt of the same, the

                       Respondent no.2 is directed to pass order afresh within 60 days

                       thereafter.

                                     9. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.


                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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