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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Avanish Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. transfer orders based on medical conditions. (Para 3 , 4 , 5) |
| 2. eligibility for medical leave post-transfer. (Para 6 , 9) |
| 3. limits of judicial interference in transfer orders. (Para 7 , 8 , 10) |
| 4. petition disposition based on outlined terms. (Para 11) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J.
CM No. 22184/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
W.P.(C) 7024/2021 and CM No. 22183/2021 (for stay)
3. The present petition has been filed by the petitioner, Second-in Command with the respondents BSF impugning the transfer order dated 23rd June, 2021 passed by the respondents, transferring him from his present place of posting in Raiganj, West Bengal to Bhanupratappur, Chhattisgarh and subsequent order dated 29th June, 2021 for compliance with the transfer.
4. It is the case of the petitioner that he has been posted at the Sector Head Quarter, Board Security Force in Raiganj, West Bengal since 16th July, 2019. The petitioner, having sustained a back injury, was medically examined on 27th May, 2021 and once again on 29th May, 2021 and was advised to take rest and undergo physio
The main legal point established is that in cases of transfer on medical grounds, the court will consider the petitioner's compliance with standing orders and the medical assessment of fitness for tr....
The central legal point established in the judgment is the importance of considering the delicate physical health condition of personnel and adhering to transfer guidelines when making transfer and p....
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.
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