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2026 DAILYLAW 1085 (JK)

VINOD KUMAR v. UNION OF INDIA TH. HOME SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS

WP(C)/1442/2026 · 2026-05-19

Rahul Bharti

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 4 WP(C) No. 1442/2026 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1442/2026 CM No. 3190/2026 Vinod Kumar …..Petitioner Through: Mr. Navneet Dubey, Advocate Vs Union of India & Ors. .….Respondents Through: Mr. Vishal Sharma, DSGI with Mr. Karan Sharma, CGSC and Mr. Sumant Sudan, Advocate CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (19.05.2026) 01. The petitioner is a constable-GD in Central Reserve Police Force-CRPF. The petitioner was serving his posting at GC-BTB-(Group Centre Bantalab, CRPF) when by virtue of an authority for move No. 1424/2025-PER-DTE-P2DA23-PER-DG-SNTS dated 22.12.2025, the petitioner was meant to be transferred from GC-BTB (Group Centre Bantalab, CRPF), Bantalab Jammu to H/104 RAF-Aligarh in furtherance of Transfer Order No. SCT 2026 dated Serial No. 130 Supplementary List-1 Page 2 of 4 WP(C) No. 1442/2026 22.12.2025 passed by the respondent No. 2-Director General CRPF. 02. The transfer movement of the petitioner was to take place on the appointed timeline but in between the petitioner has come to be medically examined by the Central Reserve Police Force Composite Hospital, Jammu on 13.02.2026 being reported and diagnosed case of Bipolar Affective Disorder currently under LMC S3 (T-24) w.e.f. 06.03.2024. 03. The petitioner is said to be afflicted with Bipolar Affective Disorder with Depression since 2021 and in that connection had received medical treatment and attention from Government Medical College, Jammu, Department of Psychiatry as well. 04. As per the Central Reserve Police Force Composite Hospital, Jammu’s medical profile of the petitioner, the specialist opinion of the Psychiatry Department is that the petitioner is to be observed under protected and sheltered employment and surely he is not fit for duties with arms and live ammunition and is supposed to work under close supervision and not to remain in Page 3 of 4 WP(C) No. 1442/2026 isolation with his review being advised after six months next. 05. It is in this backdrop that the petitioner reckons that his transfer and movement order Annexure-I in terms whereof the petitioner is supposed to move to his place of transfer at Aligarh needs to have reconsideration from the end of the authorities concerned. 06. Without entering into adjudication on merits with respect to the genuineness of the claim of the petitioner that because of his reported illness his transfer to Aligarh is an arbitrary decision, this Court disposes of this writ petition with a direction to the respondent No. 2-Director General (CRPF) to reconsider the transfer of the petitioner in the light of the medical condition of the petitioner as reported by Central Reserve Police Force Composite Hospital, Jammu and take a fresh call whether the petitioner shall report himself on transferred posting or he needs to be relocated to any other place commensurating with the medical advice. 07. Needful be done by or before 31st of July, 2026 and till that time the petitioner be retained at his present place Page 4 of 4 WP(C) No. 1442/2026 of posting which is GC-BTB-(Group Centre Bantalab, CRPF), Jammu. 08. It is hereby made clear that this Court has made no observation on merits with respect to the medical health of the petitioner and the respondent No. 2- Director General (CRPF) is fully free within his discretion to take a call independent of the indulgence of this Court hereby granted for the limited purpose as set out hereinabove. 09. The writ petition is accordingly, disposed of. (RAHUL BHARTI) JUDGE JAMMU 19.05.2026 SUNIL Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No