( 1 ) THE President of India is the Supreme Commander of the Defence Forces of the Union. By letter dated 27. 9. 2006 the Chief of Army Staff was informed that ?the President is pleased to decide that notwithstanding anything contained in Paragraph 82 of the Regulations for the Army the Inter Arm Transfer of IC- 46298n Lt Col Mukul Dev is sanctioned as a one time measure from Artillery to the JAG's Department provided the officer is in possession of Bachelor's Degree in Law from any recognised University?. It is indeed extraordinary that the respondents have flagrantly failed to honour the decision of the Commander-in- chief of the Indian Army, who is the President of our Republic. On the contrary, the Petitioner, Lt. Col. Mukul Dev, Assistant Judge Advocate General, hq CIF-Counter Insurgency Force (U) was posted to HQ 11 Corps Artillery as per telegraphic Order dated 30. 10. 2006. It is this Posting Order, which is irreconcilably in variance with the decision of the President of India that has been assailed before us.

( 2 ) THE Petition discloses that the Petitioner had sought and obtained a transfer to the JAG Department in March, 2003. He has conducted sever