A PIL activist serving as an Inspector in the BSF filed a writ petition against a transfer order. The Court modified the transfer destination and granted a delay in joining duties.
Transfer to 155th Battalion Ferozpur awarded with one month time to join; fresh transfer order to be issued within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~43
versus
UNION OF INDIA AND ORS. .....Respondents Through: Mr.Vatsal Joshi & Mr.Hussain Taqvi, Advs. with Mr.Hemendra Singh, Dy. Commdt. (Law)
CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R % 06.08.2024
“A. Issue a Writ, order or direction in the nature of Certiorari quashing order dated 10.05.2024(Annexure P-1) issued by Respondent No.3, transferring the Petitioner to 4th Bn. BSF. Meghalaya from the office of Respondent No.3. B. Issue a Writ Order or directions in the nature of mandamus to the Respondents to implement the OM dated 08.10.2018 issued by DoP&T in letter and spirit and exempt the Petitioner from routine exercise of transfer/rotational transfer.
C. Issue a Writ/order or directions in the nature of mandamus to the Respondents to act as per policy guidelines/instructions dated 07.09.2017 issued by Respondent No.1 for rehabilitation of disabled dependents of Central Armed Police Forces.
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 03/07/2025 at 09:56:57
D. Issue a Writ/Order or directions in the nature of mandamus to the Respondents to consider the recommendations of the Rehabilitation Board dated 15.01.2024.
E. Any other order(s), as deemed fit and proper in the facts and circumstances of the case, in favour of the petitioner, in the interest of justice.”
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 03/07/2025 at 09:56:57
Ferozpur, Punjab. Further, as prayed for, the petitioner is granted time till 15.09.2024 to join his new place on posting. A fresh transfer order along with an appropriate movement order be issued within four weeks.
REKHA PALLI, J
SHALINDER KAUR, J
AUGUST 6, 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 03/07/2025 at 09:56:57
2 issues framed by the court
Whether the High Court can direct a transfer of a Border Security Force personnel to an alternative posting with a conditional join date.
Whether the Court can grant an extension for joining a new posting considering medical hardships.
Insp. Firoz Khan Siddiqui
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
