LAWS(MPH)-2014-9-44

RAVINDRA SINGH Vs. UNION OF INDIA

Decided On September 10, 2014
RAVINDRA SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY this petition under Article 226 of the Constitution of India, petitioner seeks to challenge the legality and validity of order dated 3rd September, 2014 passed by Director General, Border Security Force in compliance of order passed by this Court dated 17/6/2014 in W.P.(s) No. 3218/2014. By the aforesaid order, this Court had required the respondents to decide the petitioner's representation and till the decision on representation, status quo as on the date of passing of the order was ordered to be maintained. The authorities by the impugned order have dealt with the contentions raised by the petitioner with reference to his transfer from BSF Academy, Tekanpur to his Parent Unit 86 Battalion, BSF at Akhnoor, Jammu Sector.

(3.) THE grievance of the petitioner is that though he substantively holds the post in the cadre of Constable but he in fact is performing duties of Driver and therefore, as per the policy of the respondents, the tenure of Driver at given place of posting is 4 years. Since he has not completed 4 years, therefore, he could not have been transferred from Tekanpur to Jammu and therefore, the instant writ petition is preferred against the impugned transfer order passed against the policy of the respondents.