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Date of Decision: 26.11.2024
CONST SHISHUPAL SINGH .....Petitioner
Through: Mr. Rakesh Dahiya, Mr. Aakash Dahiya and Mr. Aditya Dahiya, Advs.
Through: Ms. Saroj Bidawaj, Adv.
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. Allowed, subject to all just exceptions. W.P.(C) 16316/2024, CM APPL. 68760/2024
2. This petition has been filed by the petitioner inter-alia praying for cancellation of the Movement Order dated 19/20.11.2024, issued by the respondent, by which the petitioner has been transferred to the 3rd Battalion situated at Gandhidham, Gujarat.
3. The petitioner claims that he was diagnosed with Chronic Lung Cancer in the year 2019, and has been undergoing treatment at the All India Institute of Medical Science, New Delhi. His health is finally showing some improvement. The petitioner prays that, in order to continue such treatment, he may be posted at a location near Delhi.
4. Without expressing any opinion on the merits of the claim made by the petitioner, we are of the opinion that the present petition be considered as a representation of the petitioner by the concerned authority of the respondents and to pass a speaking order thereon within a period of three weeks from today. In case the order passed is adverse to the petitioner, it shall be open to the petitioner to challenge the same in accordance with law. The same shall not be enforced for a period of at least one week of the communication of the said order to the petitioner.
5. The petition along with pending application is, accordingly, disposed of.
6. Dasti.
NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 26, 2024/ss/sk/DG Click here to check corrigendum, if any