Writ petition challenging transfer of CISF inspector from Ghaziabad to Deoli was dismissed. Court held transfer rules are subject to administrative exigencies. Dept inquiry was already concluded. Transfer allowed for Category Shape-1 employee.
Impugned transfer order upheld; petition dismissed with pending applications.
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versus
UNION OF INDIA & ANR. .....Respondent Through: Mr.Neeraj Dubey, Adv. Insp.Meena Menon, SI Prahlad D. SI Amit KumarCISF.
CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R % 09.07.2024
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 03/07/2025 at 19:50:20
been prematurely transferred to an out of home zone after six years itself.
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 19:50:20
such ailment for which he cannot receive appropriate treatment at Deoli, Rajasthan.
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 19:50:20
said so, we find that the treating Doctor at Safdarjung Hospital have observed that if possible under the Rules, the petitioner may be posted to a place where he is not required to do night duty. We expect the respondents to take this medical opinion into account while assigning duties to the petitioner at Deoli, Rajasthan.
REKHA PALLI, J
SHALINDER KAUR, J
JULY 9, 2024 sr
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 19:50:20
3 issues framed by the court
Whether the High Court can interfere with the transfer order of a CISF inspector despite pending medical and tenure concerns.
Whether circular guidelines entitled an employee to exemption from transfer during a departmental inquiry.
Whether medical category Shape-1 restricted the employee from receiving treatment at a new posting.
Colour shows how this judgement treated each authority
Kamlesh Sharma v. Union Of India and OrsRelied on¶11
Kamlesh Sharma v. Union Of India and Ors [W.P.(C)8945/2024]
Kamlesh Sharma v. Union Of India and OrsRelied on¶16
Kamlesh Sharma(supra)
2 provisions across 2 enactments
Ashish Sharma
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
