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High Court of Jammu and Kashmir · body

2025 DAILYLAW 6626 (JK)

AKHAND PRAKASH SHAHI v. UNION OF INDIA AND ANR. (BORDER SECURITY FORCE)

WP(C)/581/2025 · 2025-03-19

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 90 Suppl. IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 581/2025 Akhand Prakash Shahi …Petitioner(s)/appellant(s) Through: Mr. S.A. Qadri, Advocate Vs. Union of India and Ors ...Respondent(s) Through: Mr. Vikas Malik, Advocate CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 19-03-2025 The petitioner has filed the instant petition under Article 226 of the Constitution seeking a writ of mandamus against respondent 1, to decide the representation of the petitioner claimed to have been submitted for revocation of the transfer order, whereby the petitioner, serving as an Assistant Commandant (ST) in the Border Security Force, has been transferred from STC Base, Kashmir, to the 98th Battalion, West Bengal The counsel for the petitioner while making his submissions referred to Rule 3 of the BSF Rules of 1989 framed under BSF Act of 1968 would contend that same provides that any report or application directed by these Rules to be made to a superior officer shall be made in writing through proper channel. However, the counsel for the petitioner was unable to refer to any provision either in the Act or the Rules providing for the filing of representation against an order of transfer issued by the competent authority. Since the representation claimed to have been submitted by the petitioner does not have statutory character as is projected by the counsel, this Court is of the opinion that no mandamus could be issued for directing the respondents to consider said representation in that the respondents are Junaid Ayoub I attest to the accuracy and authenticity of this document not bound by the statute to address the same. The petition thus is found to be misconceived and is accordingly dismissed. (JAVED IQBAL WANI) JUDGE SRINAGAR 19-03-2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document