High Court of Punjab and HaryanaCWP/30031/2018dismissed

Kuldeep Singh v. Union Of India & ORS

2022-07-13Mr. Justice Rajbir Sehrawat2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.30031 of 2018 (O&M) DATE OF DECISION : 7th July, 2022 Kuldeep Singh .... Petitioner

Versus

Union of India Through its Secretary, Ministry of Defence, Government of India, New Delhi & others .... Respondents CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT * * * * Present :

Mr. Sandeep Godara, Advocate for Mr. A. P. S. Rehan, Advocate for the petitioner. Mr. S. K. Sharma, Sr. Panel Counsel for respondents-UOI.

* * * * RAJBIR SEHRAWAT, J. (Oral) CM-16474-2019 This is an application filed under Section 151 C.P.C. for placing on record the reply filed by the respondents. The application is allowed as prayed for and the reply filed by respondents is taken on record.

CM-16477-2019 This is an application filed under Article 226 of the Constitution of India praying for vacation of interim stay order dated 01.03.2019.

In view of the fact that the matter is being decided today itself, therefore, the application stands dismissed as having been rendered infructuous.

CWP No.30031 of 2018 The petitioner has filed this petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of certiorari for RAJ KUMAR 2022.07.15 10:35 I attest to the accuracy and integrity of this document

CWP No.30031 of 2018 (O&M) -2quashing the Office order No. 3154/MF/T-4/40/CA-7 (Civ) ASC Bn. (MT) PIN 905011 dated 27.08.2018 (Annexure P-1) issued by respondent No.2 to the extent that the petitioner has been transferred from 5682 ASC Bn. (MT) at Pathankot, Punjab to 5033 ASC Bn (MT) at Siliguri (West Bengal) with a further prayer to quash the order dated 26.10.2018 (Annexure P-4) passed by respondent No.4 whereby the Legal Notice/representation of the petitioner for cancellation of the order dated 27.08.2018 (Annexure P-1) was rejected. The counsel for the respondents-UOI submits that the present case is covered by the judgments passed by this court in CWP 25618-2017 (and connected cases) titled as Nirmal Singh Vs. Union of India and others on 21.02.2019 and LPA-686-2019 titled as Nirmal Singh Vs. Union of India and others on 02.04.2019.

The counsel for the petitioner has not disputed the said position. In view of the above, the present petition stands dismissed in the same terms as in CWP 25618-2017 and LPA-686-2019. 7th JULY, 2022 'raj'

(RAJBIR SEHRAWAT) JUDGE Whether speaking/reasoned:

Yes No Whether Reportable:

Yes No RAJ KUMAR 2022.07.15 10:35 I attest to the accuracy and integrity of this document