Queency Jain–
Rejecting the plea of a constable of Central Industrial Security Force (CISF), the Delhi High Court observed that, unlimited number of personnel of any force cannot be accommodated in the NCT of Delhi as providing such accommodation to one will always be at the cost of another.
The decision comes after the constable posted in the Delhi NCR region since 2011 moved to the High Court challenging the Order of his transfer and the Order directing his posting to be relieved by 10 June.
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The constable challenged the Order on three grounds, i.e. firstly, he was diagnosed with Paranoid Schizophrenia in 2015, secondly, his wife was diagnosed with Seizure disorder in 2016 and thirdly, his mother was unwell and hospitalized.
The Court observed that once personnel are posted in Delhi, there are no ways they want to leave Delhi and accept their transfer thereafter. The Court further observed that the discretion of Courts in such matters is always prejudiced to those who are not before the Court.
In conclusion, the Court while dismissing the petition directed the CISF to consider the documents submitted by the petitioner and make his representation accordingly, thereby making their stance clear that no stay will be provided if either the representation is not decided or decided against the petitioner.