MOHAMMAD AMIN NAJAR Vs. UNION OF INDIA
LAWS(J&K)-1999-12-1
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 29,1999

MOHAMMAD AMIN NAJAR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Considered. Admit.
(2.) The case is taken for final disposal on submission of the parties.
(3.) Petitioner is employed in Border Security Force (B.S.F.). He joined the force on October 18, 1969 as Lower Division Clerk (LDC). Later, he was promoted as Sr. (Clerk) on September 1, 1980 and thereafter further promoted as Subedar (Clerk) on July 31, 1993. The petitioner's case is that the petitioner during his service with BSF is being frequently transferred to hard areas and extreme hard areas without any reason or justification. The guidelines are not being observed. Petitioner was transferred in the year 1992 to Frontier Head Quarters BSF Shillong on June 16, 1992 (Annexure-P1) and then by another order on November 9, 1992 to Frontier Head Quarter Srinagar (Annexure-P2). Again on June 18, 1993 he was sent to Frontier Head Quarters Jammu (Annexure-P3) and then back to Srinagar and again on July 4, 1995 to Frontier Head Quarter BSF Jammu (Annexure-P5). He made representation on July 31, 1995 (Annexure-P6). His immediate officer at FHQ BSF Srinagar also took up the matter with I.G. (Pers) HQ DG BSF, New Delhi on August 3, 1995. Instead of accepting his recommendation (Annexures- P7& P8), the Inspector General BSF Jammu posted petitioner to Frontier Head Quarter at Jammu and therefrom to 90 BN BSF, Sunderbani Jammu (Annexure-P9). Petitioner has impugned (Annexures- P5 & P9) and also questioned his frequent transfers by the BSF Authorities. The petitioner's posting to FHQ BSF Jammu and subsequent posting to 90 BN Sunderbani Jammu (Annexures-P5 and P9), are stated to be issued for extraneous consideration with the oblique motive of adjusting respondent No. 6 Subedar Dayakrishen Wazir in his place. The impugned order is without jurisdiction, in so far as the order of his posting to Frontier Head Quarter at Jammu Annexure-P5 was passed by Director General BSF, whereas, subsequent order (Annexure-P9) was passed by I.G. BSF Jammu. The impugned orders are outcome of arbitrariness and mala fides. The orders are prayed to be quashed, so as to allow the petitioner to continue on the posting at Frontier Head Quarter BSF Srinagar.;


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