Sunil Kumar v. Union Of India & ORS

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 924/2017 SUNIL KUMAR ..... Petitioner Through Mr. Ankur Chibber, Advocate versus UNION OF INDIA & ORS ..... Respondents Through Dr.Ashwani Bhardwaj, Advocate

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA

O R D E R

% 01.02.2017 CM No. 4203/2017 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

WP(C) No. 924/2017 & CM No.4202/2017 (stay) This writ petition is directed against a movement order whereby the petitioner has been transferred to Udhampur in Jammu & Kashmir from Gurgaon.

It is stated that the petitioner has a ten year old child, who is 100% disabled and completely bed-ridden. It is submitted that as per the policy of the CRPF, employees/personnel who are care givers of disabled children are

usually given postings in family areas. Reference has also been made to some judgments delivered by this Court whereby this Court has interfered with movement orders of personnel with disabled dependent children.

After hearing the respective parties, we direct the DIG (Establishment) of the CRPF to treat the writ petition as representation of the petitioner and take a decision thereon taking into consideration the transfer policy of the CRPF as also the judgments delivered by this Court, forwarded to him by the petitioner. The DIG (Establishment) may consider posting the petitioner to a family station.

The writ petition is disposed of.

Until such time as the decision is taken, the movement order shall be kept in abeyance.

A copy of this order be given Dasti under the signature of Court Master.

INDIRA BANERJEE, J ANIL KUMAR CHAWLA, J FEBRUARY 01, 2017/mw