High CourtsDivision Bench(2024) 12 DEL CK 2046

Sh Raghuveer Singh vs Union Of India & Ors.

Delhi High Court · Decided on 5 December 2024

HON’BLE JUDGES
Navin Chawla, J · Shalinder Kaur, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) 16806/2024

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Judgment

12 paragraphs · 238 words

NAVIN CHAWLA, J. (Oral)

CM APPL. 71110/2024 (Exemption)

1.

Allowed, subject to all just exception.

W.P.(C) 16806/2024 & CM APPL. 71109/2024

2.

This petition has been filed by the petitioner challenging the transfer order dated 19.11.2024 issued by the respondents, whereby the petitioner has been transferred from 25 Bn, BSF Chhawla, New Delhi to 80 Bn, Nishad Bagh, Srinagar (J&K).

3.

The petitioner, in the Medical Board held on 16.05.2024, has been found to be suffering from hypertension with chronic kidney failure and has been on dialysis for three times a week. The petitioner claims that proper medical facility would not be available at the transferred post.

4.

Issue notice.

5.

Notice is accepted by Ms. Iram Majid, the learned counsel for the respondents.

6.

Keeping in view the nature of the ailment suffered by the petitioner, we deem it appropriate to direct the respondents to consider the contents of the present petition as a representation of the petitioner, and decide upon the same within a period of two weeks from today.

7.

In case the decision of the respondents is adverse to the petitioner, it shall not be given effect to for a period of four weeks thereafter, so that the petitioner can avail of his remedies in accordance with law.

8.

The Movement Order will not be given effect to in the interregnum.

9.

The petition and the application are disposed of in the above terms.