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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Attar Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash posting order. (Para 1 , 2 , 3 , 4) |
| 2. court reviews reasons behind posting refusal. (Para 5 , 6) |
| 3. court grants liberty for terminal posting. (Para 7) |
| 4. petition disposed of with observations. (Para 8) |
1. The petitioner, who is working as Inspector (GD), is aggrieved of order number-4505-99 dated 04.02.2022 passed by the Directorate General, vide which he has been directed to joint posting at 18th Corps, which is 1000 kms. away from his hometown. Vide this petition, petitioner is seeking quashing of the aforesaid order dated 04.02.2022.
2. During the course of hearing, learned counsel for petitioner submitted that against the impugned posting order dated 04.02.2022, petitioner had filed various applications before the competent authority, however, vide order dated 08.07.2022, his requests have been turned down arbitrarily.
3. It is urged on behalf of the petitioner that he had joined the services of ITBP in the year 1983 and he has served in hard and very hard areas for almost 34 years out of his total service of 39 years and that he shall be retiring from his services on 30.11.2024. Learned counsel for petitioner
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
The court balanced the petitioner's family health issues and impending retirement with the concession granted for seeking a terminal posting, in deciding not to interfere with the posting order.
Transfer and posting decisions in a disciplined force are made by the competent authority in the interest of the Force, and individual requests for specific locations may not be entertained.
Concealment of material facts can impact the court's decision and may lead to the dismissal of a petition.
The needs and necessities of an individual in the Armed Forces are subservient to the needs of the Army, and postings are determined based on various factors, balancing the needs of the service with ....
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
Court orders consideration of petitioner's family hardships regarding employment postings.
The normal tenure for posting is not mandatory and can be curtailed for exigencies of service.
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