Sh Raghuveer Singh v. Union of India

Delhi High Court · 05 Dec 2024 · 2024:DHC:9456-DB
Navin Chawla; Shalinder Kaur
W.P.(C) 16806/2024
2024:DHC:9456-DB
administrative other

AI Summary

The Delhi High Court directed reconsideration of a BSF officer's transfer order on medical grounds and restrained its enforcement pending decision.

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W.P.(C) 16806/2024
HIGH COURT OF DELHI
Date of Decision: 05.12.2024
W.P.(C) 16806/2024
SH RAGHUVEER SINGH HC GD) .....Petitioner
Through: Mr.Bijendra Kumar Pathak, Adv.
VERSUS
UNION OF INDIA AND ORS .....Respondents
Through: Ms.Iram Majid, CGSC
WITH
Mr.Mohd Suboor, Ms.Amreen
Rizvi, Advs. Mr.Hilal Haider, GP
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
CM APPL. 71110/2024 (Exemption)
JUDGMENT

1. Allowed, subject to all just exception. W.P.(C) 16806/2024 & CM APPL. 71109/2024

2. This petition has been filed by the petitioner challenging the transfer order dated 19.11.2024 issued by the respondents, whereby the petitioner has been transferred from 25 Bn, BSF Chhawla, New Delhi to 80 Bn, Nishad Bagh, Srinagar (J&K).

3. The petitioner, in the Medical Board held on 16.05.2024, has been found to be suffering from hypertension with chronic kidney failure and has been on dialysis for three times a week. The petitioner claims that proper medical facility would not be available at the W.P.(C) 16806/2024 transferred post.

4. Issue notice.

5. Notice is accepted by Ms. Iram Majid, the learned counsel for the respondents.

6. Keeping in view the nature of the ailment suffered by the petitioner, we deem it appropriate to direct the respondents to consider the contents of the present petition as a representation of the petitioner, and decide upon the same within a period of two weeks from today.

7. In case the decision of the respondents is adverse to the petitioner, it shall not be given effect to for a period of four weeks thereafter, so that the petitioner can avail of his remedies in accordance with law.

8. The Movement Order will not be given effect to in the interregnum.

9. The petition and the application are disposed of in the above terms.

NAVIN CHAWLA, J SHALINDER KAUR, J DECEMBER 5, 2024/sg/DG Click here to check corrigendum, if any