A writ petition filed by a Deputy Commandant of BSF challenging a transfer order. The Court directed respondents to reconsider the posting considering the petitioner's son's Class XII studies and stayed the order for six weeks to enable legal recourse.
Respondents given six weeks time to reconsider posting; impugned order stayed for one week thereafter.
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$~40
Through: Mr.Amit Anand Tiwari, Sr. Adv. with Ms.Vatsala C Chaturvedi, Adv.
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr.Ankit Raj & Mr.Amit Acharya, Advs.
CORAM: HON’BLE MS. JUSTICE REKHA PALLI HON’BLE MS. JUSTICE SHALINDER KAUR O R D E R % 20.08.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:23:38
impugned order. He, however, does not dispute this claim of the petitioner that his son is presently studying in Class XII. If that be the position, we are of the considered view that it is a fit case where the respondents should reconsider the petitioner’s posting by taking into account this aspect.
REKHA PALLI, J
SHALINDER KAUR, J
AUGUST 20, 2024 kk
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:23:38
2 issues framed by the court
Whether the petitioner's son studying in Class XII should be a considered factor for his posting.
Whether the impugned transfer order should be given immediate effect.
ANURAG KUMAR
UNION OF INDIA
REKHA PALLI
SHALINDER KAUR
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
