Delhi High Court
Mitrasen vs Uoi And Ors on 15 December, 2010
Author: Gita Mittal
32
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)No.4599/2010 and CM No.9093/2010
Date of Decision : 15th December, 2010
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MITRASEN ..... Petitioner
Through : Mr. Kedar Nath Tripathi, Adv.
versus
UOI AND ORS ..... Respondents
Through : Mr. Jagjit Singh and
Mr. Asit Tiwari, Advs.
CORAM :-
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may NO
be allowed to see the Judgment?
2. To be referred to the Reporter or not? NO
3. Whether the judgment should be NO
reported in the Digest?
GITA MITTAL, J. (Oral)
1. The petitioner who is a Constable with the Indo Tibetan
Border Police assails an order dated 29th May, 2010 whereby he
has been transferred from the 3rd Battalion of the Border
Security Force, Karera located at Shivpuri in Madhya Pradesh to
the 5th Battalion posted at Leh, Laddakh. The petitioner also
prays for directions to the respondents to recall the movement
order dated 10th July, 2010 issued pursuant thereto.
2. In support of the writ petition, the petitioner has pleaded
medical grounds and urged that he is undergoing treatment. It
is urged that assignment of lighter duties had been medically
advised. It is contended that the petitioner had sent a
representation dated 29th May, 2010 to the respondents and no
response thereto has been received.
3. Mr. Jagjit Singh, learned counsel appearing for the
respondents has taken a preliminary objection with regard to
the territorial jurisdiction of this court. It is further urged that
no representation from the petitioner has been received by the
respondents.
4. So far as preliminary objection with regard to jurisdiction
is concerned, having regard to the directions we propose to
make, the same is not examined any further. The same is left
open for consideration.
5. The respondents are directed to treat Annexure-P4 (page
26 with translation at page 22) to this writ petition as a
representation made to them on behalf of the petitioner. The
documents enclosed as Annexure-P3 be treated as documents
in support of the representation. In case, the petitioner is
required to be medically examined before taking a final view in
the matter, the respondents may issue appropriate directions
in this behalf. The petitioner shall abide by such directions and
ensure that he makes himself available for such medical
examination.
6. The respondents shall take a firm view on the
aforenoticed representation of the petitioner within a period of
two weeks from today and pass appropriate order thereon.
The same shall be forthwith communicated to the petitioner
thereafter.
7. Pending consideration of the representation of the
petitioner, the respondents shall keep the movement order of
the petitioner in abeyance. The consequential order with
regard to the petitioner's service shall be passed accordingly.
8. This writ petition and application are disposed of in the
above terms.
Dasti to parties.
GITA MITTAL, J
J.R. MIDHA, J
DECEMBER 15, 2010
mk
