NAWAL SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the order dated 18.03.2015 (Annexure P/1), whereby the petitioner has been transferred from BSF Tekanpur to Eastern Command.

(2.) Draped in brevity, the relevant facts are that the petitioner is working as Instructor and was transferred by order dated 07.03.2012 (Annexure R/1) from STC BSF Bangalore to BSF Academy Tekanpur. In obedience of said order, petitioner joined at Gwalior. Petitioner is suffering from some psychological disorder for which his treatment is going on at Gwalior.

(3.) Shri Singhal raised singular contention. He relied on statutory rules namely "Border Security Force (Tenure of Posting and Deputation Amendment) Rules, 2002" (Rules of 2002), to contend that as per proviso of Rule 3, the petitioner has a right to continue at transferred place for four years. It is submitted that petitioner has not completed four years, therefore his transfer runs contrary to the Rules of 2002.