Delhi High Court
Dinesh Singh vs Union Of India & Ors. on 21 April, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4932/2025 & CM APPL. 22662/2025
DINESH SINGH .....Petitioner
Through: Mr. Himanshu Gautam, Adv.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Puneet Yadav, Sr. Panel
Counsel with Mr. Kamaldeep, GP and
Mr. Hemendra Singh, Dy. Comdt, BSF
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 21.04.2025
C. HARI SHANKAR, J.
1. We are constrained to observe that this litigation, which is
camouflaged as a challenge to the petitioner's transfer is, in essence,
an attempt to hold on, come what may, to the quarter which is
presently in occupation of the petitioner.
2. We have heard Mr. Himanshu Gautam, learned Counsel for the
petitioner and Mr. Puneet Yadav, learned SPC for the respondents, at
length.
W.P.(C) 4932/2025
3. It is not necessary for us to enter into the prior history of the
petitioner's postings. Suffice it to state that the petitioner was
transferred to Delhi in 2021 as Second-in-Command in the Border
Security Force1, at the Inspector General Headquarters/Frontier
Headquarters. Delhi constitutes a static formation in the organisation
of the BSF. Consequent on completion of his tenure in Delhi, the
petitioner, on promotion to the rank of Commandant, has been
transferred to the 73rd Battalion situated at Murshidabad.
4. The relevant portion of the impugned order of transfer may be
reproduced thus:
"OP - IMMEDIATE IN LIEU OF MSG FORM DTO: 31
FROM:HQ DG BSF
TO : HQrs Spl DsG (EC/WC)/Command HQ Spl Ops ANO UNCLAS
All Ftr HQrs/All Sector HQrs/Arty HQ Faridkot
All Trg Institutions/All STCs/BICIT New Delhi/CEDCO
Bangaluru
All Bns (including NDRF Bns)
All CH/All Water Wings/All Arty Regiments
CENWOSTO/CSMT/NTCD/TSU
SIW/SIG Regt/SRO/GTS New Delhi
IG(HQ) FHQ/DIG (HQ) FHQ
All Dtes of FHQ/PAD BSF/Adm Dte, GOs Sec (By dak)
______________________________________________________
FROM PERS SECTION: GOS PROMOTION DESK(.)
PROMOTION AND POSTING/TRANSFER OF OFICERS()
FOLLOWING PROMOTIONS AND POSTING/TRANSFER
ARE HEREBY ISSUED AS PER DETAILS GIVEN BELOW(.)
*****
"BSF", hereinafter
W.P.(C) 4932/2025
FIRSTLY (.) FOLLOWING SECOND-IN-COMMANDS ARE
HEREBY PROMOTED TO THE RANK OF COMMANDANT
WITH EFFECT FROM 01.08.2024, SUBJECT TO FINAL
VERDICT OF THE APEX COURT/HIGH COURT OVER
ONGOING LITIGATIONS ON RESERVATIONS ETC AND
FURTHER POSTED/ ADJUSTED TO THE HQRS AS
FOLLOWS (.)
S IRLA NAME PRESENT POSTED
N NO. (S/SHRI) HQR/UNIT TO
1 19772196 SUBASH FTR HQ 161 BN
CH. KMR BSF
GANGWAR
2 19770574 SATYADEO 17 BN BSF 67 BN
KUMAR BSF
3 19771243 DINESH IG (HQ) 73 BN
SINGH FHQ BSF
4 19770727 SUNIL 84 BN BSF 98 BN
KUMAR BSF
5 19770956 GURU RAJ 02 BN BSF 23 BN
BSF
6 19772226 NARESH 95 BN BSF 50 BN
KUMAR BSF
SINGHAL
7 19770680 PRAVEEN FTR HQ 134 BN
KUMAR BSF CG BSF
RANJAN
8 19772110 RANDHIR 58 BN BSF 157 BN
RANJAN BSF"
5. The petitioner is aggrieved by the aforesaid transfer, albeit on
promotion as Commandant, to the 73rd Battalion of the BSF situated at
Murshidabad.
6. Aggrieved by the aforesaid order dated 31 July 2024, the
petitioner represented to the Inspector General Headquarters on 31
W.P.(C) 4932/2025
July 2024. That representation stands rejected by the DG Headquarters
by order dated 22 March 2025.
7. The aforesaid orders dated 31 July 2024 and 22 March 2025
constitute the basis of challenge in the present writ petition, instituted
by the petitioner under Article 226 of the Constitution of India.
8. The prayer clause in the writ petition, which is revealing, reads:
"It is, therefore, most respectfully prayed that this Hon'ble Court
may graciously be pleased to:-
a) Issue a writ order or direction in the nature of
certiorari thereby quashing and setting aside the Impugned
order dated 31.07.2024 and 22.03.2025 in accordance to
BSF (Tenure of posting and deputation) Rules 2000 and
FHQ BSF (Personnel Directorate) letter No. 9/100/20070
Pers/BSF/18223-47 dated 18 May 2010.
b) Issue a writ order or direction in the nature of
Mandamus directing the Respondents to transfer to any
other location thereby making him to retain his quarter of
GPRA at Delhi.
c) Issue any other suitable writ, order or direction
which this Hon'ble court may deem fit and proper under the
circumstances of the case in the interest of the Petitioners."
(Emphasis supplied)
9. To sustain his challenge to the impugned orders and his claim
for transfer to a posting which would enable him to retain his quarters
at Delhi, Mr. Himanshu Gautam, learned Counsel for the petitioner,
W.P.(C) 4932/2025
relies on Rule 8(1)2 of the BSF (Tenure of Posting and Deputation)
Rules, 20003 - which admittedly govern the transfer of the petitioner -
requires every member of the BSF, on completion of his tenure in a
static formation, to be posted to his parent Battalion if there is a
vacancy. The petitioner's parent Battalion is the 105th Battalion, which
is located in the North East. Mr. Gautam submits that, therefore, in
due compliance with Rule 8(1) of the 2000 Rules, the respondents
ought to have posted the petitioner in the North East with the 105th
Battalion, in which case he would be in a position to retain the quarter
held by him at Delhi.
10. A bare reading of Rule 8(1) reveals that it does not confer any
absolute right for posting of a member of the BSF, on completion of
his tenure in a static formation, to be posted to his parent Battalion.
The right, if at all, is conditional on the existence of a vacancy in the
parent Battalion.
11. We, therefore, queried of Mr. Himanshu Gautam as to whether
there existed a vacancy of Commandant in the 105th Battalion located
in the North East.
12. Mr. Gautam candidly submits that there, in fact, is no such
8. Criteria for transfer from static formations and on repatriation from deputation-
1) Every member of the Force on completion of his tenure in a static formation or on
repatriation from deputation shall be posted to his parent Battalion if there is a vacancy. In the event
of no vacancy, he will be posted to another Battalion:
Provided that the provisions contained in the sub-rule shall apply only to a member of the
Force who holds a post which also exists in a Battalion.
"the 2000 Rules", hereinafter
W.P.(C) 4932/2025
vacancy as the post of Commandant is already occupied by one Mr.
Himanshu Choudhary.
13. He, however, submits that Mr. Himanshu Choudhary, who is
occupying the post of Commandant in the 105th Battalion, has been
occupying it beyond the period envisaged by Rule 64 of the 2000
Rules and that, therefore, the continued holding of the post of
Commandant by Mr. Choudhary is illegal.
14. It goes without saying that, for the aforesaid submission of
Mr. Gautam to even merit consideration, it would be necessary for the
petitioner to implead Mr. Himanshu Choudhary, as he is specifically
challenging the continued holding of the post of Commandant by
Mr. Himanshu Choudhary. We, therefore, offered Mr. Gautam an
opportunity to implead Mr. Himanshu Choudhary as a party in this
writ petition, so that the consideration, for whatever it was worth,
could be examined.
15. Mr. Gautam, on instructions, submits that he is unwilling to
implead Mr. Himanshu Choudhary and prays that the Court may
proceed with the matter in his absence.
16. We, therefore, cannot, in the absence of Mr. Himanshu
Choudhary being made a party countenance a challenge to his holding
6. Tenure- The tenure for a Battalion shall be as under:-
(i) Extreme hard area- Two years.
(ii) Hard area- Three years.
W.P.(C) 4932/2025
of the post of Commandant in the 105th Battalion.
17. Even otherwise, Rule 8(1) is conditional on the existence of a
vacancy in the parent Battalion of the officer. Admittedly, there is no
such vacancy. The question of whether Mr. Choudhary is correctly or
otherwise continuing to function as Commandant is beyond the scope
of Rule 8(1). That is an independent cause of action and cannot
impact the application of Rule 8(1).
18. Insofar as Rule 8(1) is concerned, as there is, in fact, no
vacancy of Commandant available in the 105 th Battalion located in the
North East, the petitioner cannot seek as a right to be posted to that
Battalion even under Rule 8(1) of the 2000 Rules.
19. Mr. Gautam thereafter draws our attention to a letter dated 29
November 2023, which purportedly invited, from him, a choice of
four postings, if he desired to continue to retain his quarter at Delhi.
20. He submits that, in response, the petitioner requested for being
posted to the 111th Battalion, 41st Battalion, 42nd Battalion and 43rd
Battalion.
21. Mr. Gautam's contention is that, in that view of the matter, the
respondent ought to have posted him at one of the said Battalions, and
could not, therefore, have posted him to the 73rd Battalion situated at
(iii) In a Frontier- Maximum six years.
W.P.(C) 4932/2025
Murshidabad.
22. Apart from submitting that the petitioner's case for being posted
at one of the aforesaid places was recommended by the Inspector
General, Mr. Gautam is unable to show us any provision of law, rule,
regulation or executive instruction which mandates that he be posted
at one of the aforesaid four choices of posting.
23. He has sought to rely on an SOP/circular dated 18 May 2010
issued by the BSF to all Inspectors General Frontier, the relevant
portion of which reads thus:
"No. 9/100/2007-Pers/BSF/l8223-47
Government of India
Ministry of Home Affairs
Directorate General Border Security Force
(Personnel Directorate)
Block No.10, 5th Floor
CGO Complex, Lodhi Road
New Delhi -110 003
Dated, the 18 May 2010
To
All IsG Frontier
Head of Trg Instns
(By name)
Sub:- POSTING/TRANSFER OF OFFICERS INSTRUCTIONS
AND SOP THEREOF
*****
04. However, in order to meet all the above requirements and to
streamline the Posting/Transfer of Officers, it is proposed that
following system will be adopted for Annual Transfer 2010, and
onwards:-
W.P.(C) 4932/2025
(1) A maximum of four choices may be given by the
individual Officer prior to the Annual Turn Over by January
of each year to consider it in the annual posting order which
can then be issued before termination of the academic
session Priority will be given to officers who have served in
Extreme Hard Areas or Hard Area and who have requested
for terminal postings (Within 12 months of
Superannuation).
(2) IsG Ftr are requested to compile the requests and
choice of all the officers for posting and forward to FHQ
(Pers Dte) with their recommendations, keeping in view the
BSF (Tenure & Deputation) Rules and other instructions
issued by FHQ and the points mentioned in Para-2 above.
(3) Since PMIS data of all the officers is available now
on BSF website, the information of Past Posting details may
also be used while recommending the Posting/transfer
cases.
(4) While issuing posting orders, the operational
suitability will be the primary consideration for which the
views of Spl DG. IG Frontiers, Ops Dte and 'G' Dte will be
considered.
(5) While recommending cases of posting/transfer, IsG
of Ftr may also take following points into consideration:-
(a) For any establishment in Delhi, AC/DC
should have full exposure/demonstrated good field
work for at least 3 years (excluding time spent on In-
service Training courses).
(b) Roster of technical expertise will be
maintained to address the requirement
c) Rotation of Officers for posting to TSU,
SIW, GIS etc is to be planned so that there is always a
mixture of new and experienced officers to ensure
continuity
(d) Recently married Officers may be
considered/recommended for placement at a family
station so as to afford opportunity to stay with spouse
for a period of minimum one year
W.P.(C) 4932/2025
(e) Officers with school-going children or
whose wards are to appear in Board Examinations
(12th Std) may not be disturbed in middle of the
academic session as far as possible
(f) All Officers should have a fair share/rotation
of postings to East & West including Delhi, and the
aspect of cooling-off period is also to be taken into
account while recommending the cases.
(g) For Commandants and above, preference to
be given to those who have not been posted to Delhi
before, or have served in Extreme Hard Area/Hard
Area for immediate past 3 years.
(h) Cases requiring specialized medical care are
to be considered/recommended for posting at places
having commensurate medical
infrastructure/facilities."
*****
(Virendra)
Inspector General (Pers)
May 2010"
24. We do not read the aforesaid SOP as mandating that the
petitioner should necessarily be posted at one of the four choices of
postings provided by him.
25. Besides, Mr. Puneet Yadav, learned SPC for the respondents,
submits, apropos the aforesaid offer of four choices given to the
petitioner, that the SOP dated 18 May 2010 applies to the Annual
Transfer of officers, and the petitioner's case was one of posting
consequent to his promotion from the post of Second in Command to
W.P.(C) 4932/2025
the post of Commandant. As such, the SOP dated 18 May 2010 would
also not come to the aid of the petitioner.
26. Mr. Puneet Yadav has also drawn our attention to Rule 95 of the
2000 Rules. The reliance is apt. Rule 9 specifically deals with the
situation in which a person up to the post of Second-in-Command is
promoted to the next higher rank.
27. There is no dispute about the fact that the posting of the
petitioner is in accordance with Rule 9.
28. We do not really know whether we ought to have devoted so
much time to this matter, as the petition, as we have already noted
towards the beginning of this judgment, is essentially a petition in
disguise, with the grievance of the petitioner not being so much with
respect to his posting or transfer, as with respect to having to leave the
quarters presently in his occupation.
29. We have brought to Mr. Gautam's notice the fact that a person
cannot continuously and ad infinitum hold on to quarters in his
occupation and that there would be other legitimate aspirants who
would be entitled to occupy similar quarters.
9. Posting on promotion. - A member of the Force up to and including the post of Second-in-
Command while posted in a static formation, shall be posted to a duty Battalion on promotion to the next
higher rank. The tenure rule shall not be applied in promotion cases:
Provided that the members of the Force who have less than 2 years of service before attaining the
age of superannuation shall be exempted from application of this rule:
Provided further that the provisions contained in this rule shall only apply to the members of the
Force who are promoted to a post which also exists in a Battalion.
W.P.(C) 4932/2025
30. It also appears, from the tenor of submissions during arguments,
that the petitioner is apprehensive of the situation of unrest presently
prevailing at Murshidabad. Needless to say, when opting to join the
CRPF, that is a bargain which the petitioner consciously made.
Needless to say, the nation owes a debt of gratitude to men - and
women - who are willing to sacrifice their personal comforts, and
often their lives, for the cause of the country, and the rest of us.
31. We are however, constrained, to hold that the present petition is
a complete misadventure and is totally bereft of merit.
32. For all the aforesaid reasons, we find no reason to interfere with
the impugned orders. The writ petition is accordingly dismissed.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
APRIL 21, 2025/AS
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W.P.(C) 4932/2025
