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Neutral Citation Number: 2023:DHC:2660-DB
W.P.(C) 2038/2023
HIGH COURT OF DELHI
Date of Decision: 19th April, 2023
HIGH COURT OF DELHI
Date of Decision: 19th April, 2023
W.P.(C) 2038/2023
VISHAL SHRINIWAS ROKAMWAR ..... Petitioner
Through: Mr. Nikhil Bhardwaj, Advocate
VISHAL SHRINIWAS ROKAMWAR ..... Petitioner
Through: Mr. Nikhil Bhardwaj, Advocate
VERSUS
UNION OF INDIA AND ORS ....Respondents
Through: Mr. S.K. Mohanty, Senior Panel Counsel with Mr. Rahul Kumar
Sharma, GP, SI Prahlad Devenda, SI Amit Kumar and HC Rajesh Kumar, CISF
Through: Mr. S.K. Mohanty, Senior Panel Counsel with Mr. Rahul Kumar
Sharma, GP, SI Prahlad Devenda, SI Amit Kumar and HC Rajesh Kumar, CISF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)
1. Vide the present petition, petitioner is seeking quashing of the impugned rejection order dated 26.11.2022 qua petitioner only vide which respondents rejected the request of the petitioner to post him at CISF Unit CTPS Chandrapur, Maharashtra on humanitarian grounds; directions to the respondents to post him at CISF Unit CTPS Chandrapur Maharashtra forthwith; or in alternative to consider the case of petitioner sympathetically in the annual transfer orders which are normally issued by 31st March every year;
2. On 14.03.2023, this Court observed as under: 14:39
“1. Pursuant to the Order dated 16.02.2023, learned counsel on
behalf of the respondents on instructions submits that since the
petitioner has not completed first tenure of seven years in the units in
out of home sector (excluding basic training) and, therefore, he is not
entitled to get the posting in his home zone sector.
2. The case of the petitioner is that the petitioner is in the medical
Category SHAPE-II and as per the record of the respondents, he is
suffering from following ailments:
(i) Sleep disturbance,
(ii) Less appetite,
(iii) Angriness,
(iv) Ghabraha,
(v) Anxiety,
(vi) Nausea. 3. Moreover, two cases have been filed against the petitioner by his wife at Chandrapur, Maharashtra which are as under:
(i) PWDVA Application/156/2020,
(ii) RCC/422/2021. 4. Learned counsel for the petitioner submits that the petitioner is required to attend the case on every month which is evident from Annexure P-4 of the present petition. 5. In addition to above, the petitioner’s brother is a Cancer patient and his mother is suffering from spinal problems. 6. Learned counsel on behalf of the petitioner has informed this Court that following personnel who are from National Capital Region (NCR) Sector, which is their home zone sector, have been posted without completion of their first tenure of seven years in the units in out of home sector:
S. Force Rank Name Fro To Post Address No No. m ed . 1. 150101 CT/G Mohit 2018 2023 First Dadri, 611 D Singh Unit U.P. Oris a& Seco nd Unit
s in out of home sector (excluding basic training) and, therefore, he is not entitled to get the posting in his home zone sector.
2. The case of the petitioner is that the petitioner is in the medical Category SHAPE-II and as per the record of the respondents, he is suffering from following ailments:
(i) Sleep disturbance,
(ii) Less appetite,
(iii) Angriness,
(iv) Ghabraha,
(v) Anxiety,
(vi) Nausea.
3. Moreover, two cases have been filed against the petitioner by his wife at Chandrapur, Maharashtra which are as under:
(i) PWDVA Application/156/2020,
(ii) RCC/422/2021.
4. Learned counsel for the petitioner submits that the petitioner is required to attend the case on every month which is evident from Annexure P-4 of the present petition.
5. In addition to above, the petitioner’s brother is a Cancer patient and his mother is suffering from spinal problems.
6. Learned counsel on behalf of the petitioner has informed this Court that following personnel who are from National Capital Region (NCR) Sector, which is their home zone sector, have been posted without completion of their first tenure of seven years in the units in out of home sector:
S. No. Force No. Rank Name Fro m To Post ed Address
1. 150101 CT/G D Mohit Singh 2018 2023 First Unit Oris a & Seco nd Unit Dadri, U.P. 14:39 DM RC Beta Line
2. 150406 SI/EX Pawan Raj Yadav 2019 2023 DM RC Beta Line Vijay Nagar, Ghaziba d, U.P.
3. 150100 CT/G D Nitin Kumar 2019 2023 DM RC Beta Line Khurja, U.P.
3. Learned counsel for respondents sought time to verify the fact in regard to aforesaid security personnel and to file a short affidavit to this effect. Accordingly, three weeks’ time was granted to the respondents.
4. Today, learned counsel appearing on behalf of respondents seeks further four weeks’ time to take instructions and file the short affidavit pursuant to order dated 14.03.2023.
5. It is pertinent to mention here that the respondents had to only verify the facts as mentioned in para 6 of order dated 14.03.2023, however, one month has already been passed and the short affidavit has not been filed.
6. We hereby dispose of present petition by directing the respondents to re-consider the case of the petitioner on compassionate and humanitarian grounds and necessary order be passed within two weeks. The decision so taken shall be communicated to the petitioner within three days thereafter in 14:39 writing with a reasoned order.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
APRIL 19, 2023
14:39