AMIT KUMAR SHARMA v. UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS
WP(C)/920/2025 · 2025-05-06
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3046 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3046 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 920/2025 CM No. 2239/2025 Amit Kumar Sharma ….. Appellant/Petitioner(s) Through: Mr. Ankesh Chandel, Advocate Vs
Union of India and others
.…. Respondent(s)
Through: Mr. Sumant Sudan, Advocate vice Mr. Vishal Sharma, DSGI
Coram:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER 06.05.2025
1. The short grievance projected in the instant petition filed by the petitioner under Article 226 of the Constitution of India is that the petitioner being an Assistant Sub Inspector in Central Reserve Police Force has been transferred by the respondents in terms of order No. 1131/2025-ORG-DTE- P3DA7-PER-DG-SNTS dated 21.02.2025 from Group Centre Hiranagar to 020 Bn. CRPF, Assam and that although the petitioner sought reconsideration of the said order of transfer pursuant to the guidelines contained in the Standing Order- 04/2022 dated 27.09.2022, inter alia, on the grounds that the petitioner is a single parent of a minor child, inasmuch as, has old aged parents dependent on him, the respondents failed to address to the said representation of the petitioner and in the process, observed the guidelines contained in the Standing Order (Supra) in breach, although, the said guidelines being statutory in nature, having been framed in terms of Rule 4 of the CRPF Rules 1955 enacted under the provisions of the CRPF Act of 1954, thus, necessitating filing of the instant petition before this Court. Heard learned counsel for the petitioner and perused the record. Sr.No. 04
2
WP(C) No. 920/2025
Issue notice. Notice is waived by Mr. Sumant Sudan, learned counsel appearing vice Mr. Vishal Sharma, learned DSGI. Mr. Sudan would contend that the representation, if any, submitted by the petitioner before the respondents would be considered on its own merits in accordance with the applicable law and rules. 2. Having regard to the case set up by the petitioner in the instant petition and the aforesaid submissions of Mr. Sumant Sudan, it is deemed appropriate not to retain the instant petition on board or else to seek returns from the respondents, but to dispose of the same at this stage. 3. Accordingly, the petition is disposed of with the consent of the appearing counsel for the parties at this stage by providing that the respondents to address to the representation claimed to have been submitted by the petitioner against the order of transfer dated 21.02.2025, on its own merits in accordance with the applicable law and the rules including Standing Order dated 27.09.2022 (Supra), preferably with a period of four weeks from today and convey the decision taken thereof to the petitioner.
Till such time, the said representation is considered and decided as above, the impugned order dated 21.02.2025 be not given effect to and the present position of the petitioner shall be maintained. 4.
Disposed of.
( (Javed Iqbal Wani) Judge Jammu 06.05.2025 Pawan Angotra
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No