NEW DELHI: On Tuesday Delhi high court bench has dismissed a petition filed by the constable who’s challenging the transfer order from delhi to siddharthnagar( Uttar Pradesh). The constable, CT/GD Rajendra Singh, require special attention for his medical treatment which he this fruitful obtain in Delhi and NCR hospital, by transferring him making him more critical serious.
Petitioner serving in Sashastra Seema Bal (SSB), had earlier challenged during the Covid-19 (2020), his condition considered by the Hon’ble High Court and give option him to either facilitate treatment in Lucknow or transfer wherever he finds usable healthcare.
By the order of High Court, despite Petitioner transferred to Lucknow’s 4th Battalion in 2022. After this, he filed another petition for getting transfer near to the Delhi Cantonment Base Hospital.
By the fact court finds out that this petition is “Not Maintainable” for the following reasons such as, Firstly, Petitioner hadn’t challenged the latest rejection order regarding the transfer request, and Secondly, he failed to present evident which shows suitable needs for him to get only in the Delhi Cantonment Base Hospital, not in any medical facilities in Lucknow.
Because of the transfer is inherent part of the Armed Forces, judges interfering shall disrupt the discretion of the military authorities, that is why it can’t more penetrate to the Rule of the Armed Forces.
Citing the previous judgment such as Major General J.K Bansal v. Union of India(2005) where court said, “Court established that transfer is an exigency of serves in the armed forces and courts should generally not interfere with such decisions. This was reinforce the notion that military authorities hold significant dicreation in personnel management”. On the other hand court argued the Case of Parma Hansh Mishra v. Union of India & Ors (2007) where court had established that the “this judgment further emphasises the limited role of courts in trendier matters within the armed forces. It reiterates the importance of respecting the internal disciplinary mechanism and expertise of military authorities handling personnel issues”.
Later the court dismissed Petitioner’s application, leaving both parties to bear their own money, this decision highlighted the delicate between individual needs and administrative discretion in personnel management within he armed forces.
JUDGMENT NAME:- RAJENDRA SINGH VS UNION OF INDIA & ORS.
Name- Ali Asghar, Collage- Jamia Millia Islamia, Year- 2nd year Intern under legal vidhiya
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