Sanjay Kumar vs Union Of India And Others
2022 Latest Caselaw 1442 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                            Date of decision: 04.05.2022

+     W.P.(C) 5829/2022
      SANJAY KUMAR                                            ..... Petitioner
                         Through:      Mr.Manjeet Singh Reen, Adv.

                         versus

      UNION OF INDIA AND OTHERS                               ..... Respondents
                         Through:      Ms.Nidhi Mohan Parashar with
                                       Mr.Kanishk Kharbanda & Mr.Param
                                       Agarwal, Advs.

      CORAM:

      HON'BLE MR. JUSTICE SURESH KUMAR KAIT
      HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                         J U D G M E N T (oral)

CM APPL. 17503/2022 (exemption)

1. The application is allowed, with a direction to the applicant to file

typed copies of dim/small size font/medical documents within four weeks.

2. The application is accordingly disposed of.

W.P.(C) 5829/2022 & CM APPL. 17502/02022

3. Vide the present petition, petitioner prays as under:

a. To quash the premature repatriated order dated 30.03.2022 in

respect of petitioner thereby repatriated the petitioner at their

parent organization/unit will all consequential benefits;

b. To direct the respondents to allow the petitioner to the post of

JRO under respondent no.2 for another 2 years on deputation

basis in terms of their policy guidelines dated 24.11.2016 for

deputation of Combatised CAPFs & AR personnel in other

organization.

4. Notice issued.

5. On the last date of hearing, counsel for the petitioner submitted that

since the two minor daughters of the petitioner are undergoing treatment at

PGIMER (Post Graduate Institute of Medical Education & Research) and

requested this Court to direct the respondents to cancel his transfer from

Delhi to Shillong at least for six months so that petitioner can make further

arrangements for the treatment of his minor children. Counsel for the

respondents has strongly opposed his request, however, he submits that if

this Court directs, the petitioner can be retained for six months in Delhi and

the respondents shall not transfer him during the said period. However, after

six months, wherever the vacancy available, petitioner will be posted

accordingly.

6. Upon the abovesaid submission, learned counsel for the petitioner has

no objection. Accordingly, on humanitarian ground, we hereby direct the

respondents to retain the petitioner in Delhi for six months and thereafter he

may be posted wherever required.

7. In view of above, petition and pending application stand disposed of.

8. Needless to state that order passed in the present petition is according

to the facts and circumstances of the case, however, it will not be treated as

a precedent in future.

9. Order dasti under the signatures of the Court Master.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE MAY 04, 2022/ab