Delhi High Court Flags Surge In Paramilitary Personnel's Pleas Challenging Transfers, Says Can't Interfere At Drop Of A Hat

The Delhi High Court has said that it is “inundated with petitions” on a daily basis filed by personnel in paramilitary forces challenging their transfers.

A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that the Court cannot be allowed to be treated as a forum where there is a guarantee against implementation of transfer orders, even where the transfer is not in violation of the guidelines.

The Court said that it has tried its best to ensure that the personnel are not subjected to unnecessary inconvenience and that the guidelines are scrupulously followed.

“We reiterate that the Court cannot, in cases of transfer of officials of paramilitary forces, interfere at the drop of a hat. It is only where there is a transgression of established guidelines or a case of extreme hardship such as, for example, a person who may be undergoing treatment for cancer, that the Court can interfere,” the Court said.

The Bench dismissed a plea filed by a Deputy Commandant (Medical) challenging his transfer from the 20th Battalion Sitamarhi Bihar to SSB Academy at Bhopal.

Though he was officially posted with the 20th Battalion, SSB Sitamarhi, he was attached to SSB Delhi because he was undergoing treatment following liver transplant at the Institute of Liver and Biliary Sciences, Delhi.

Rejecting the plea, the Court said that every person who is undergoing a treatment for a disease in Delhi tends to want to continue to be treated at the national capital. The Court cannot, unfortunately, accede to every such request, it added.

The Bench concluded that the facts did not make out a case to interdict the transfer to Bhopal, noting that it is the capital city of Madhya Pradesh, has optimum medical facilities and also houses an AIIMS.

Noting that the petitioner would have enough and more facilities for treatment in Bhopal, the Court said:

“Within the limited parameters of Article 226 of the Constitution of India, therefore, we regret that we are in a position to come to the aid of the petitioner.”

Title: DR. ADITYA SEHRAWAT v. UNION OF INDIA AND ORS

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