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V. KAMESWAR RAO, SAURABH BANERJEE
Ct/gd Rajender Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Saurabh Banerjee, J.
CM APPL. 1115/2024
For the reasons stated in the application, the same is allowed and the short affidavit filed along with the application is taken on record.
The application stands disposed of.
CM APPL. 55987/2023
1. The applicant/petitioner, serving as a Constable in Sashastra Seema Bal [SSB] filed a writ petition bearing number W.P.(C) 5182/2020 titled "CT/GD Rajender Singh vs Union of India" challenging his transfer from New Delhi to Siddharthnagar, Uttar Pradesh before this Court. The same was disposed of vide order dated 11.08.2020 and the petitioner was to make a representation for consideration before the concerned authorities and if the petitioner was found to suffer from medical ailments which could not be attended at Siddharthnagar, then the same would be taken into consideration whilst disposing representation of the petitioner.
2. Thereafter, the petitioner filed the present writ petition seeking quashing of the order dated 20.05.2022 whereby he was transferred to 4th Battalion, Lucknow, Uttar Pradesh from 43rd Battalion, Siddharthnagar as also the subsequent order dated 08.07.2022 rejecting his representation dated 24.05.2022. On the first day i
The discretion of the Armed Forces in transfer matters and the exigency of service should be respected by the court, especially in matters pertaining to the Armed Forces.
Government servants can be transferred in administrative exigencies, and courts are reluctant to interfere with transfer orders unless there is a violation of statutory provisions or mala fides.
The court's decision was based on the respondent's agreement to consider the transfer request sympathetically and decide within a week, leading to the disposal of the petition.
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