Patna High Court
Jagdish Prasad MishraversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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