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High Court of DelhiW.P.(C)/7773/2015

Randhir Singh v. Union Of India & ORS.

2015-08-21Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7773/2015 and CM No. 15358/2015 RANDHIR SINGH ..... Petitioner Through: Ms Saahila Lamba, Adv.

versus UNION OF INDIA & ORS.

..... Respondents Through: Mr Jaswinder Singh and Mr Priyank Khatta, Advs for respondents 1,2 and 3

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 21.08.2015 The petitioner's grievance is with respect to the Movement Order dated 20.07.2015, whereby the Directorate General, Border Security Force, issued an order de-attaching the petitioner from DG, MT Pool, R.K. Puram and he was required to report at the parent Unit, i.e., 58 Battalion, BSF, Radha Bari, North Bengal (Siliguri). The ground for seeking the Court's intervention in this writ petition is that the petitioner's father is suffering from bipolar disorder psychosis. Several medical documents have been annexed to the writ petition in support of his contention. It is submitted by the counsel for the petitioner by placing reliance on the copy of the representation dated 20.07.2015 that DIG, (CTS) had recommended the petitioner's case for retention at the current posting on extreme compassionate

ground. The respondents, who were required to obtain instructions and produce the files, submit that the petitioner has continued in his place of posting in R.K. Puram for last five years and that according to their records, he has other family members, i.e., his two brothers who can take care of his father. It is submitted that the place where the petitioner has now been posted, i.e., Siliguri ensures family accommodation to the family members of the Force. We have considered the submissions. It is not disputed that the petitioner has been in Delhi for the last five years. Though his father is suffering from bipolar disorder psychosis, which does convey some hardship, at the same time, it is not disputed that residential accommodation is available in Siliguri, where he has to be posted. Likewise, the respondents also submit that Government Medical College and Hospital is located in Siliguri. In these circumstances, we are of the opinion that there is no case for interference. The writ petition along with the pending application is accordingly dismissed.

S. RAVINDRA BHAT, J DEEPA SHARMA, J AUGUST 21, 2015 bg