Petitioner Assistant Sub Inspector challenged transfer order, fearing it would disrupt pre-promotion course. Court recorded undertaking to join new post by end of course without extension. Petition disposed with directed stay until 18.10.2016.
Writ petition and pending application disposed; directed stay of transfer order till 18.10.2016.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR ..... Petitioner Through: Ms. Saahila Lamba, Advocate versus
UNION OF INDIA AND ORS ..... Respondents Through: Mr. S.N. Parashar, Advocate
CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 07.09.2016
The writ petitioner, an officer of the rank of Assistant Sub Inspector in the Border Security Force, has filed this writ petition, challenging an order dated 30.08.2016, whereby, the writ petitioner has been transferred to 97 Battalion at Jammu.
It is the case of the writ petitioner that the writ petitioner is undergoing a pre-promotion course which is due to end on 15.10.2016. If the petitioner dis-continues the course without completing the same, his prospects of further promotion will be jeopardized, as he will not be eligible for promotion to the post of Inspector.
We have noted the submission of the learned counsel appearing on behalf of the respondents that on an earlier occasion, the petitioner had resisted transfer on the ground of his son’s illness. W.P.(C) 7928/2016 page 1of 2
page 1of 2
Learned counsel appearing on behalf of the writ petitioner, however, undertakes on instructions from the writ petitioner, that the writ petitioner shall not seek any further extension of time after 15.10.2016. Immediately after 15.10.2016, the petitioner shall join the post to which he has been transferred and in any case, within three working days from 15.10.2016. In view of the undertaking, the writ petition and the pending application are disposed of, with a direction that the writ petitioner shall not be disturbed from his present place of posting till 18.10.2016.
INDIRA BANERJEE, J
V. KAMESWAR RAO, J
SEPTEMBER 07, 2016
rs
W.P.(C) 7928/2016
page 2of 2
1 issue framed by the court
Whether to grant stay on transfer order pending decision on extension of pre-promotion course.
Suresh Kumar
Union of India
Indira Banerjee
V. Kameswar Rao
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
