Go 3112L Ee(Civ) Chandra Shekhar Belchandan v. The Union of India and 4 Ors

PageoNo.#o1/3 GAHC010269042024 ooooooo 2024:GAU-AS:12698-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/423/2024ooooooooo GOo3112LoEE(CIV)oCHANDRAoSHEKHARoBELCHANDANo S/O-oLATEoK.S.oBELCHANDAN,oPRESENTLYoSERVINGoASoOFFICERo COMMANDINGo(OC)oATo92oRCCo(GREF),oPROJECToBRAHMANK,oPIN-o930042o C/O-o99oAPO. oooooooooooooooooooooooooooVERSUSo 1:oTHEoUNIONoOFoINDIAoANDo4oORSoREPRESENTEDoBYoJOINToSECRETARYo (BR-WING),oMINISTRYoOFoDEFENCEo(EARLIERoDESIGNATEDoASo SECRETARYo(BRDB),oROOMoNO.o418,oB-WINGo4THoFLOORoSENAoBHAWAN,o NEWoDELHI-110011. 2:DIRECTORoGENERALoBORDERoROADSoORGANIZATION SEEMAoSADAKoBHAWANoRINGoROADoDELHIoCANTT.oNEWoDELHI-110010. 3:ADDITIONALoDIRECTORoGENERALo(EAST)oBORDERoROADSo ORGANISATIONoLANKESWARoJALUKBARIoGUWAHATIoC/O-o99oAPO PIN-o900885. 4:THEoCHIEFoENGINEERoHQoCEo(P)oBRAHMANK PIN-o931722oC/Oo99oAPO. 5:COMMANDERoHQo44oBRTFo(GREF) PIN-o931044oC/O-o99oAPOo For2the2Appellant(s)2 :2Mr.2D.2Borah,2Advocate.2 For2the2Respondent(s) :2Mr.2K.2Gogoi,2Central2Govt.2Advocate.2 Page No.# 2/3 – B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

16.12.2024 (Vijay Bishnoi, CJ) This writ appeal is filed by the appellant being aggrieved with the judgment & order dated 12.12.2024 passed by the learned Single Judge in WP(C) No.6675/2024, whereby the writ petition filed by the appellant has been dismissed. The appellant/writ petitioner has approached the Writ Court being aggrieved with the transfer order dated 06.12.2024, whereby he was transferred from 92 RCC/44 TF/BMK to HQ CE (P) PSK. The learned Single Judge, after hearing the learned counsel appearing for the parties, has refused to interfere with the transfer order probably because the appellant/writ petitioner has failed to demonstrate that the impugned transfer order is in violation of any statutory provision or suffering from mala fides. The learned Single Judge has taken note of the argument raised on behalf of the appellant/writ petitioner that the said transfer order would be detrimental to his promotional avenues because the appellant/writ petitioner would not be able to serve as a Commanding Officer, experience of which is necessary for promotion on the next post. The learned Single Judge has granted liberty to the appellant/ writ petitioner to move a representation before the concerned authority in respect of the future prospect of promotion with a direction to the respondents to dispose of the said representation expeditiously preferably within a period of 7(seven) days from the date of receipt of the certified copy of the said judgment & order. Having heard the learned counsel appearing for the parties, we do not find any illegality or infirmity with the impugned judgment & order passed by Page No.# 3/3 the learned Single Judge. Hence, no case for interference is made out. The writ appeal is, therefore, dismissed. However, it is expected that the respondents shall decide the representation filed on behalf of the appellant/ writ petitioner, if not decided till date, expeditiously within a further period of 7(seven) days from today by a speaking order. JUDGE CHIEF JUSTICE Comparing Assistant