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2021 Supreme(Del) 1056

RAJIV SAHAI ENDLAW, AMIT BANSAL
Sunil Kumar – Appellant
Versus
Indo Tibetan Border Police Through Its Director General – Respondent


Advocates appeared:
Aditya Gaur, Advocate, Tushar Sinha, Advocate, Rakesh Mishra, Advocate, Gaurang Kanth, Advocate

JUDGMENT

Amit Bansal, J. - Cm No.23739/2021(for exemption)

    1. Allowed, subject to just exceptions and as per extant Rules.

    2. The application is disposed of.

      W.P.(C) 7589/2021 & CM No.23738/2021(for stay)

      3. The present petition has been filed by 30 petitioners belonging to the respondent, Indo Tibetan Border Police (ITBP), who were posted at Consulate General of India (CGI), Kandahar, Afghanistan between AugustSeptember, 2020 and February, 2021. The tenure of posting of the petitioners was to be for a term of two years. On account of disturbance and unrest in Afghanistan, it was decided by the Government of India to temporarily stop its operation in CGI, Kandahar and to send officials posted therein, including the petitioners, back to India, as a precautionary measure. The petitioners made a representation against the aforesaid act of deinduction of the petitioners from Kandahar and upon such representation, the Third Secretary (Security), CGI, Kandahar, vide e-mail dated 5th July, 2021 to the respondent ITBP, requested that in place of the petitioners, personnel with longer tenure be sent back to India. On 10th July, 2021, the petitioners were repatriated to India and were quarantin

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