Praveen Kumar v. Union Of India & ORS.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4767/2024 & CM APPL. 19491/2024 (stay) PRAVEEN KUMAR ..... Petitioner Through:

Mr. Aman Mudgal, Advocate versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms Garima Sachdeva, Senior Panel Counsel with Ms Vidhi Gupta, GP and Ms Divyanshi Maurya, Advocate

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 04.04.2024 1.

This petition has been filed by the petitioner with the following prayers:

a) Issue a writ/ order/ direction in the nature of certiorari or any other appropriate writ/ order/ direction for quashing/ setting aside the impugned transfer order dated 13.02.24, 07 .11.23 and 20.01.23 upto the extent where the name of the applicant has been shown at S.No. 251 in order dated 13.02.2024 and S.No. 1 in order dated 07 .11.2023 and further quashing/ setting aside the impugned summer chain transfer (SCT)-2023 dated 20/01/2023.

b) Issue a writ of n1anda1nus or any other appropriate writ/ order/ direction thereby directing the respondents to transfer the petitioner in any of the unit in Gandhinagar where the wife of the petitioner who is already posted as INSPECTOR or may be jointly posted anywhere else. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:08:16

c) Pass any other/further order(s), direction(s) as deemed fit and proper in the facts and circumstances of the case, in the interest of justice.

2.

In effect, the petitioner is seeking his posting at the station of his wife who is also working as Inspector/GD in CRPF. Learned counsel for the petitioner has also drawn our attention to the page 20 of the petition, where the observation made, by the respondents that the petitioner is undergoing neurological treatment due of which he does not fulfil the parameters required for posting in the Intelligence Set Up, is an incorrect narration. 3.

In other words, it is the submission that the petitioner is in shape 1 and medically fit and can be posted at Intelligence Set Up at Bijapur. We say nothing on the submission. Liberty shall be with the petitioner to make such representation as deemed appropriate for the consideration of the concerned Authority.

4.

We take on record the submission made by learned counsel for the respondents that as the petitioner and his wife meet the eligibility conditions for being posted at one place, in the year 2026, they shall be considered for posting at one place, in that year.

5.

With the above term, the petition alongwith pending application is disposed of.

V. KAMESWAR RAO, J SAURABH BANERJEE, J APRIL 4, 2024/akr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2024 at 12:08:16