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High Court of DelhiW.P.(C)/8017/2018

Col A. K. Mor v. Union Of India And ORS.

2018-08-01Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Rekha Palli2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8017/2018 and CM APPL. 30742/2018 COL A. K. MOR ..... Petitioner Through: Ms. Jyoti Singh, Sr. Advocate with Mr. A.K. Trivedi and Mr. Amandeep Joshi, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through: Mr. Sanjeev Narula, CGSC with Mr. Rajat Gava, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 01.08.2018 1.

The petitioner is aggrieved by the impugned posting order dated 26.7.2018, whereby he has been transferred from Delhi to Moradabad. 2.

Mr. Narula, learned CGSC fairly states at the outset that in view of the representation submitted by the petitioner, his medical condition, as reflected from the Medical Case Sheet issued by the Armed Forces Clinic, New Delhi, he may be called upon to submit a representation to the respondents for reconsidering his case, which shall then be re-examined sympathetically and appropriate orders passed thereon. 3.

Ms. Jyoti Singh, learned Senior Advocate appearing for the petitioner states on instructions that the petitioner is agreeable to making a substantive representation to the respondents, not only by placing on record his medical W.P.(C) 8017/2018

condition, but also referring to his pending application for seeking study leave. Needful shall be done within one week with a copy furnished to learned counsel for the respondents.

4.

The respondents shall take a decision on the aforesaid representation of the petitioner within two weeks under written intimation to him. In the event, the representation of the petitioner is rejected, then he shall be entitled to seek legal recourse, as may be advised. It is however directed that the respondents shall not take any coercive steps against the petitioner, in that eventuality, for a period of one week reckoned from the date of receipt of the decision.

5.

The petition is disposed of alongwith the pending application. HIMA KOHLI, J REKHA PALLI, J AUGUST 01, 2018 ap/na W.P.(C) 8017/2018