Supreme Court: Appellate Courts Cannot Overturn Trial Court Verdicts Without Independent Reasons  ||  Supreme Court Acquits Three Men in 1979 Murder Case, Finding Serious Flaws in the Prosecution Case  ||  Supreme Court: Magistrate Cannot Order Filing of Chargesheet After Police Submit Closure Report  ||  Supreme Court: Landowners Cannot Claim Denial of Hearing After Failing to Avail the Opportunity  ||  Supreme Court: Property in Sale Deed Cannot Be Altered by Rectification Without Transferor's Consent  ||  Ahead of Rath Yatra, Orissa High Court Stays Release of 'Mahaprabhu Jagannath' Over Peace Concerns  ||  Gujarat High Court: Ancient Hindu Law Did Not Recognise Adoption of Girls Before HAMA  ||  Bombay High Court Orders DGP to Assess CCTV Systems and Footage Preservation at Police Stations  ||  Allahabad HC: Mother Receiving Maintenance from Real Son Cannot Claim it from Step-Son  ||  CCPA Imposes Rs.1 Lakh Penalty on SpiceJet Over Dark Patterns Used for Loyalty Programme Consent    

Ct/Gd Rajender Singh vs. Union Of India &Ors. (Neutral Citation: 2024:DHC:314-DB) - (High Court of Delhi) (16 Jan 2024)

Transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces

MANU/DE/0303/2024

Service

The Applicant/ Petitioner, serving as a Constable in Sashastra Seema Bal [SSB] filed a writ petition challenging his transfer from New Delhi to Siddharth Nagar, Uttar Pradesh before present Court. The same was disposed of vide order and the petitioner was to make a representation for consideration before the concerned authorities.

Thereafter, the Petitioner filed the present writ petition seeking quashing of the order whereby he was transferred to 4th Battalion, Lucknow, Uttar Pradesh from 43rd Battalion, Siddharth Nagaras also the subsequent order rejecting his representation.

Prima facie, the present application is not maintainable as the writ petition has already been disposed of and the Petitioner has not assailed the subsequent order passed thereafter, which is a fresh cause of action.Even otherwise, the Petitioner has admittedly not alleged any bias or mala fide, vindictiveness on the part of the respondents or that there is any violation of any statutory requirements, rules, regulations.Moreover, the Petitioner has been unable to show as to what are the medical facilities required, which are exclusively available in Delhi and are not available in a city like Lucknow.

As per settled law, transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces, as they are the best judges who exercise their discretion and form an opinion thereon.

Accordingly, in view of the existing facts involved coupled with the settled position of law, the present application is dismissed.

Tags : TRANSFER   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved