DINESH SINGH vs UNION OF INDIA & ORS.

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4932/2025 & CM APPL. 22662/2025 DINESH SINGH .....Petitioner Through: Mr. Himanshu Gautam, Adv. Versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Puneet Yadav, Sr. Panel Counsel with Mr. Kamaldeep, GP and Mr. Hemendra Singh, Dy. Comdt, BSF CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 21.04.2025 C. HARI SHANKAR, J. 1. We are constrained to observe that this litigation, which is camouflaged as a challenge to the petitioner’s transfer is, in essence, an attempt to hold on, come what may, to the quarter which is presently in occupation of the petitioner. 2. We have heard Mr. Himanshu Gautam, learned Counsel for the petitioner and Mr. Puneet Yadav, learned SPC for the respondents, at length. W.P.(C) 4932/2025 Signature Not Verified Page 1 of 12 Signed By:SHILPI Signing Date:25.04.2025 12:54:36 3. It is not necessary for us to enter into the prior history of the petitioner’s postings. Suffice it to state that the petitioner was transferred to Delhi in 2021 as Second-in-Command in the Border Security Force1, at the Inspector General Headquarters/Frontier Headquarters. Delhi constitutes a static formation in the organisation of the BSF. Consequent on completion of his tenure in Delhi, the petitioner, on promotion to the rank of Commandant, has been transferred to the 73rd Battalion situated at Murshidabad. 4. The relevant portion of the impugned order of transfer may be reproduced thus: “OP – IMMEDIATE IN LIEU OF MSG FORM DTO: 31 FROM:HQ DG BSF TO : HQrs Spl DsG (EC/WC)/Command HQ Spl Ops ANO UNCLAS All Ftr HQrs/All Sector HQrs/Arty HQ Faridkot All Trg Institutions/All STCs/BICIT New Delhi/CEDCO Bangaluru All Bns (including NDRF Bns) All CH/All Water Wings/All Arty