Kamal Sarkar v. Union of India

Delhi High Court · 28 Mar 2023 · 2023:DHC:2256-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 3730/2023
2023:DHC:2256-DB
administrative petition_dismissed

AI Summary

The Delhi High Court disposed of the petition seeking transfer on medical grounds by directing the petitioner to submit complete medical documents for reconsideration by the authorities within four weeks.

Full Text
Translation output
Neutral Citation Number: 2023:DHC:2256-DB
W.P.(C) 3730/2023
HIGH COURT OF DELHI
Date of Decision: 28.03.2023
W.P.(C) 3730/2023 & CM APPL. 14442/2023
CONST KAMAL SARKAR ..... Petitioner
Through: Mr.Rakesh Dahiya, Advocate.
VERSUS
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HOME ..... Respondent
Through: Mr.Vivekanand Mishra, SPC for UOI.
Mr.M.Raja Khan, Comdt. Law BSF.
Sh.Hemandra Singh, DC (LAW)
BSF.
Mr.Deepak Tanwar (GP) & Mr.Hitesh Batra & Mr.Sagar Shresht, Advocates for UOI.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Present petition has been filed seeking directions to the respondents to transfer/post the petitioner to 25th Battalion, BSF, Chawla Delhi for atleast three years.

2. Pursuant to order dated 24.03.2023, learned counsel appearing on behalf of the respondents submits that petitioner made representation to 15:26 Neutral Citation Number: 2023:DHC:2256-DB W.P.(C) 3730/2023 transfer him to the 25th Battalion so that he can follow up the treatment and medical check up at AIIMS, New Delhi, however, in the representation, the medical documents filed by the petitioner were insufficient. Therefore, his representation was rejected by submitting that medical documents are not sufficient to allow his representation.

3. Accordingly, we hereby dispose of the present petition by giving liberty to the petitioner to file a fresh representation to the respondents along with all medical documents and on receipt of the same, respondents are directed to consider and pass appropriate order within four weeks.

4. Present petition as well as pending application, if any, stand disposed of.

5. Needless to say that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate Forum.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MARCH 28, 2023 15:26