High Court of Delhi

Ct/Gd Rajender Singh vs. Union Of India &Ors. (Neutral Citation: 2024:DHC:314-DB)

MANU/DE/0303/2024

16.01.2024

Service

Transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces

The Applicant/ Petitioner, serving as a Constable in Sashastra Seema Bal [SSB] filed a writ petition challenging his transfer from New Delhi to Siddharth Nagar, Uttar Pradesh before present Court. The same was disposed of vide order and the petitioner was to make a representation for consideration before the concerned authorities.

Thereafter, the Petitioner filed the present writ petition seeking quashing of the order whereby he was transferred to 4th Battalion, Lucknow, Uttar Pradesh from 43rd Battalion, Siddharth Nagaras also the subsequent order rejecting his representation.

Prima facie, the present application is not maintainable as the writ petition has already been disposed of and the Petitioner has not assailed the subsequent order passed thereafter, which is a fresh cause of action.Even otherwise, the Petitioner has admittedly not alleged any bias or mala fide, vindictiveness on the part of the respondents or that there is any violation of any statutory requirements, rules, regulations.Moreover, the Petitioner has been unable to show as to what are the medical facilities required, which are exclusively available in Delhi and are not available in a city like Lucknow.

As per settled law, transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces, as they are the best judges who exercise their discretion and form an opinion thereon.

Accordingly, in view of the existing facts involved coupled with the settled position of law, the present application is dismissed.

Tags : Transfer Legality

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