SUNITA GUPTA Vs. SECRETARY MINISTRY OF HRD

JUDGEMENT

(1.) Petitioner challenges the order dated 17.2.2004 alleging that the same is arbitrary, mala fide and a result of colourable exercise of power.

(2.) Petitioner states that in the year 1982, she was married to Mr.Lalit Kumar Gupta, a practising Advocate. On 26.12.1995 she got appointed as a Research Assistant under respondent No.2 and was posted at Jammu. Petitioner states that her husband developed serious neurological problem in the year 1995. She made a representation for being transferred to Delhi since her husband was undergoing medical treatment at AIIMS. Her request was duly considered. She was transferred to Delhi on deputation. Petitioner states that office order dated 29.8.1997 transferring her to Delhi would reveal that the post itself is transferred to Delhi. As per the petitioner, on 4.1.2001, she was transferred to the Examination Section with immediate effect. Petitioner states that office notings exist on the file that the petitioner, in view of her excellent work, be not posted out from the Correspondence Course Section.

(3.) Petitioner alleges that the condition of her husband has deteriorated and posting her at Jammu would seriously dislocate the family. The petitioner states that there is nobody to look after the husband who cannot be taken far away from Delhi as he is undergoing medical treatment at AIIMS.