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HC directs IG (A) BSF to reconsider petitioner's transfer
Transfer of BSF Education Society employee Challenged
8/10/2012 11:18:54 PM
Jammu, Aug 10 (JNF) : In a petition filed by Padam Dev Singh, an employee of the Border Security Force Education Society, challenge Central Education Frontier, Border Security Force, New Delhi's Order dated April 8, 2012, whereby he was transferred from BSF Senior Secondary School, Jammu, to BSF Senior Secondary School, Shillong, on the ground that the guidelines in regard to the transfer of school staff of the Education Society, issued vide Directorate General, Border Security Force's dated November 8, 1991, were not kept in view while issuing the transfer order. Justice JP Singh of J&K High Court Jammu Wing after hearing Adv Jagjit Rai appearing for the petitioner whereas ASGI KK Pangotra with Adv R Raina for the union of India & Ors respondents, Adv Satinder Gupta appearing for the private respondent 5, observed that at this stage, KK Pangotra ASGI, submitted that the Inspector General (Administration), Border Security Force, New Delhi, the Competent Authority, may not be averse to consider the petitioner's grievance against his transfer to Shillong, for, fresh decision in regard thereto, taking into consideration the recommendations made by the Chairman of the School, and keeping in view the public interest as also the interest of administration. In view of the fair statement made by Pangotra, this Petition does not survive for further consideration and is, accordingly disposed of with directions to the Inspector General (Administration), BSF, New Delhi, to reconsider the petitioner's transfer to Shillong for taking fresh decision in the matter on petitioner's transfer, as warranted in public interest as also in the interest of administration. While doing so, the recommendations made by the Chairman of the petitioner's school for petitioner's retention at Jammu be also kept in view. Requisite orders be passed within a period of two weeks. Until then, the petitioner and respondent No.5 who has since joined at Jammu, shall remain attached with Principal BSF Senior Secondary School, Jammu. The transfer and posting of the petitioner and respondent No.5 shall be subject to such orders as the Inspector General (Adm), BSF, New Delhi may pass in this behalf, Court ordered.
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