Delhi High Court
Dy. Comdt. Ramesh Kumar Punia vs Union Of India & Ors. on 17 September, 2021
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17.09.2021
+ W.P.(C) 10061/2021 & CM APPL. Nos. 31060-61/2021
DY. COMDT. RAMESH KUMAR PUNIA ..... Petitioner
Through: Mr. Vivek Sheel, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Aakanksha Kaul, Mr.Manek
Singh & Mr.Aman Sahani,
Advs.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioner challenging the
Transfer Order dated 19.05.2021 by which the petitioner has been
directed to be transferred from the 5th Battalion ITBP at Leh, Union
Territory of Ladakh, to the 33rd Battalion at Guwahati, Assam.
2. The petitioner further challenges the order dated 16.08.2021 by
which his representation against the said Transfer Order was rejected
as also the Movement Order dated 28.08.2021.
3. During the course of these proceedings, learned counsel for the
respondents, on instructions, gave an offer that the petitioner can be
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
19.09.2021 23:18:43
transferred to 43rd Battalion at Shalabagh, Shimla if he so desires. The
learned counsel for the petitioner, however, refused this offer.
4. The learned counsel for the respondent then submitted, on
instructions, that on the petitioner joining at Guwahati, any application
for leave made by the petitioner for his presence during the course of
the criminal trial which is taking place in the Courts at Leh would be
favourably considered. She further submits that as and when the
petitioner requests for availing travel in the flights in which the CAPF
personnel are allowed to travel for free, for attending the trial at Leh
(round trip), such requests would also be favourably considered.
5. In view of the above statement, learned counsel for the
petitioner, on instructions, does not press this petition any further.
6. The learned counsel for the respondents has further pointed out
that the petitioner instead of joining his posting in terms of the
Transfer Order and the Movement Order, availed of earned leave.
7. As this petition was pending for consideration before this Court
and the learned counsel for the respondents had been directed to
obtain instructions, we direct that the petitioner shall join his new
place of posting on the expiry of the earned leave or within a period of
one week from today, whichever is later.
8. During the course of the present petition it was also contended
by the learned counsel for the respondents that the petitioner was to
attend a pre-promotional course at Mussoorie, which the petitioner did
not attend. The learned counsel for the petitioner submits that no
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
19.09.2021 23:18:43
grievance has been made by the petitioner on that account in the
present petition. Learned counsel for petitioner submits that the same
may, however, not be considered as a waiver of the petitioner to seek
promotion if any future opportunity arises in that regard. As this is not
the subject matter of the present petition, we need not express any
opinion on the same.
9. Accordingly, the present petition and application are disposed
of taking the statement of Respondents on record.
10. The order be uploaded on the website forthwith. Copy of the
order be also forwarded to the learned counsel through e-mail.
NAVIN CHAWLA, J
MANMOHAN, J
SEPTEMBER 17, 2021/rv/U.
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
19.09.2021 23:18:43
