Chhattisgarh High Court Permits Constable to Appeal Transfer to Naxalite-Hit Region
The Chhattisgarh High Court has granted permission to a police constable to formally challenge his transfer to a Naxalite-affected area in Bijapur district. Justice Parth Prateem Sahu disposed of the petition on March 13, directing state authorities to make a decision on the matter within a three-month timeframe.
Details of the Petition and Petitioner's Background
The petitioner, Dinesh Ogrey, serves as a constable with the 2nd Battalion of the Chhattisgarh Armed Force (CAF). He contested his transfer from Naya Raipur to the CAF camp in Bechapal, which falls under the jurisdiction of the Mirtur police station in Bijapur district. This region is known for its high Naxalite activity, posing significant security risks.
Represented by counsel Abhishek Pandey, Ogrey highlighted that he had previously been deployed in Naxalite-affected areas and sustained injuries during an encounter. The counsel argued that the constable continues to suffer from the aftereffects of these injuries, making his current posting in such a hazardous zone particularly challenging from both a medical and safety perspective.
Court Proceedings and State's Response
Although Ogrey had already complied with the transfer orders dated January 20, 2026, and joined his new post, he sought the court's intervention to allow a departmental appeal. The state counsel did not object to this limited request for a review, facilitating a smoother legal process.
As a result, the court authorized Ogrey to file a formal representation before the additional director general of police (ADGP) administration and the ADGP (CAF) at the police headquarters in Raipur. This step ensures that his case will be thoroughly examined by the relevant authorities.
Court Directives and Future Steps
The court issued specific instructions for the authorities to consider Ogrey's past injuries and medical condition during their evaluation. They are mandated to reach a final decision regarding his posting at the Sakri headquarters in Bilaspur within the stipulated 90-day period. This directive emphasizes the importance of balancing administrative needs with the welfare and safety of personnel serving in high-risk environments.
This ruling underscores the judiciary's role in addressing the concerns of law enforcement officers facing difficult postings, particularly in conflict-prone areas like Bijapur. It sets a precedent for similar cases where health and safety issues are at the forefront of transfer disputes.
