LAWS(UTN)-2016-4-62

BEER SINGH Vs. UNION OF INDIA AND OTHERS

Decided On April 27, 2016
BEER SINGH Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner is the appellant. Appellant, while working in Indo-Tibetan Border Police, was transferred to Lucknow from Dehradun. In the earlier round of litigation, the writ petition filed by the petitioner had been dismissed. In the Appeal, the following order was passed:

(2.) Pursuant to the same, it appears, appellant filed a representation before the 2nd respondent directly. The said representation has been rejected. Apparently, it is noted that the ground on which, the appellant sought to challenge the order of transfer namely that his son is undergoing treatment at Dehradun and if he is transferred to Luckow, there will be problem was not found favour with on the basis that the medical facilities at Lucknow are better, but the appellant was apparently more on the portion of the impugned order in the writ petition, by which it is noted that the appellant had filed the representation before the second respondent directly and he did not file the same through proper channel; in fact, disciplinary action was ordered to be taken. The learned Single Judge dismissed the writ petition. Hence, the Appeal

(3.) Though the certified copy of the impugned judgment is not available, the Application for exemption (CLMA No. 3722 of 2016) will stand allowed.