Rajesh Kumar.K.S. vs Director General of Boarder Security Force

Type Court Judgment Court Kerala Decided Jun 30, 2021

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Citation: sooperkanoon.com/1673565
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jun 30, 2021
Case Number: WP(C)/3278/2014

Parties & Advocates

Appellant / Petitioner

Rajesh Kumar.K.S.

Respondent

Director General of Boarder Security Force

Excerpt

.....sri. c.a.anoop, in response, submitted that theorder of dismissal of his client has been challenged before thiscourt; and thus asserted that, therefore, this writ petition has not become infructuous. even when i hear sri.c.a.anoop as afore, the fact remains that since his client has already been terminated as early as in the year 2016, no purpose will be served in this court deciding upon ext.p3 on its merits, since even if i am to find in his favour, he cannot be now posted anywhere in the services of the bsf. in the afore circumstances, i close this writ petition, without any further orders; however, leaving liberty to the petitioner to invoke all remedies, as may be available to him, in case his order of dismissal is set aside through a process of law.sd/- devan ramachandran judge sas/30/06/2021 appendix of wp(c) 3278/2014 petitioner's exhibits exhibit-p1 true copy of the medical certificate issued to petitioner's mother from pushpagiri medical college hospital, thiruvalla. exhibit-p1(a) true copy of the medical prescription issued to the petitioner's mother from valiyath institute of medical sciences exhibit-p1(b) true copy of the discharge card issued from st. thomas mission hospital, pallickal p.o., kattanam, kerala. exhibit-p2 true copy of the request made by the petitioner before the ist respondent dated exhibit-p3 true copy of the transfer order dated exhibit-p4 true copy of the representation submitted by the petitioner before the ist respondent. exhibit p5 true copy of the application dated 15.2.2014 submitted by the petitioner to the 1st respondent exhibit p6 true copy of the communication dated 12.3.2014 issued by the respondent exhibit p7 true copy of the application dated 5.5.2014 submitted by the applicant to the 1st respondent exhibit p8 true copy of the application dated 9.6.2014 submitted by applicant to the 2nd respondent exhibit p9 true copy of the application dated 25.8.2014 to the dy inspector general, shq bsf tvm exhibit.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, 1943 PETITIONER: RAJESH KUMAR.K.S. NO. 92112003, HEAD CONSTABLE, D COY 148 BN, BORDER SECURITY FORCE, KAINOOR CAMP, MULAYAM P.O., THRISSUR. BY ADV SRI.C.A.ANOOP RESPONDENTS:
1 DIRECTOR GENERAL OF BOARDER SECURITY FORCE F H Q B S F, NEW DELHI, C G O COMPLEX, LODHI ROAD, NEW DELHI - 110 001. 2 INSPECTOR GENERAL SPECIAL OPERATIONS, F T R HEAD QUARTERS, BANGALORE, ELAHANGARGH - 560 001. 3 COMMANDANT 148 BN BSF KAINOOR CAMP, MULAYAM P.O., THRISSUR - 680 751. 4 UNION OF INDIA REPRESENTED BY SECRETARY, NEW DELHI - 110 001. BY ADVS. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.JAISHANKAR V.NAIR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner has approached this Court, impugning Ext.P3 order transferring him to Jammu & Kashmir from Thrissur. The petitioner says that he was working as a Head Constable and alleges that the fundamental Rules, applicable to transfer, have been violated while issuing the impugned order. The petitioner, therefore, prays that said order be set aside and his transfer be interdicted.

2. When this matter was called today,

Sri.Jaishankar.V.Nair - learned Central Government Counsel, in response to the submissions of Sri.C.A.Anoop - learned counsel for the petitioner, submitted that this writ petition is now unnecessary of further prosecution because, pending this lis, petitioner was terminated from the service on 29.01.2016. He, therefore, submitted that no purpose will be served in this Court deciding upon the validity of Ext.P3 order at this stage.

3. Sri. C.A.Anoop, in response, submitted that the

order of dismissal of his client has been challenged before this

Court; and thus asserted that, therefore, this writ petition has not become infructuous. Even when I hear Sri.C.A.Anoop as afore, the fact remains that since his client has already been terminated as early as in the year 2016, no purpose will be served in this Court deciding upon Ext.P3 on its merits, since even if I am to find in his favour, he cannot be now posted anywhere in the services of the BSF. In the afore circumstances, I close this writ petition, without any further orders; however, leaving liberty to the petitioner to invoke all remedies, as may be available to him, in case his order of dismissal is set aside through a process of law.

Sd/- DEVAN RAMACHANDRAN JUDGE SAS/30/06/2021 APPENDIX OF WP(C) 3278/2014 PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO PETITIONER'S MOTHER FROM PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA. EXHIBIT-P1(A) TRUE COPY OF THE MEDICAL PRESCRIPTION ISSUED TO THE PETITIONER'S MOTHER FROM VALIYATH INSTITUTE OF MEDICAL SCIENCES EXHIBIT-P1(B) TRUE COPY OF THE DISCHARGE CARD ISSUED FROM ST. THOMAS MISSION HOSPITAL, PALLICKAL P.O., KATTANAM, KERALA. EXHIBIT-P2 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE IST RESPONDENT DATED EXHIBIT-P3 TRUE COPY OF THE TRANSFER ORDER DATED EXHIBIT-P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 15.2.2014 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 12.3.2014 ISSUED BY THE RESPONDENT EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 5.5.2014 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 9.6.2014 SUBMITTED BY APPLICANT TO THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 25.8.2014 TO THE DY INSPECTOR GENERAL, SHQ BSF TVM EXHIBIT P10 TRUE COPY OF THE MEDICAL CERTIFICATES ISSUED TO THE PETITIONERS MOTHER EXHIBIT P11 TRUE COPY OF THE TRANSFER ORDER ISSUED TO THE PETITIONER RESPONDENTS' EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE POSTING ORDER DATED 2.11.2012 AND ITS ENGLISH TRANSLATION EXHIBIT R3 (B) TRUE COPY OF THE MOVEMENT ORDER DATED 10.1.2013 EXHIBIT R3 (C) TRUE COPY OF THE LETTER NO.971 DATED 28.1.2014 EXHIBIT R3 (D) TRUE COPY OF THE ORDER NO.3718-27 DATED 25.2.2013 EXHIBIT R3 (E) TRUE COPY OF THE SIGNAL NO.A/7025 DATED 3.2.2014 EXHIBIT R3 (F) TRUE COPY OF LETTER NO.2114-415 DATED 31.1.2013 EXHIBIT R3 (G) TRUE COPY OF THE SIGNAL NO.R/3405 DATED 26.5.2014 EXHIBIT R3 (H) TRUE COPY OF THE SIGNAL NO.A4401 DATED 23.1.2014 EXHIBIT R3 (I) TRUE COPY OF THE EXTRACT FROM THE GAZETTE OF INDIA DATED 25.3.2000 //TRUE COPY// P.A. TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Rajesh Kumar.K.S. vs Director General of Boarder Security Force Same Judge Honourable Mr. Justice Devan Ramachandran