Delhi High Court stalls BSF Deputy Commandant's transfer for 1 year till wife completes treatment at Delhi AIIMS

Citing humanitarian grounds, a division bench of the Delhi High Court on Friday directed the Union to extend the transfer of BSF's Deputy Commandant Mukul Kumar for one year so that his wife, who is suffering from PCOD since 2018, could continue with the treatment at AIIMS, New Delhi.

Kumar approached the High Court seeking quashing of order of his promotion from Assistant Commandant to the rank of Deputy Commandan only to the extent of his transfer from BSF Force, Headquarter, New Delhi.

Seeking quashing of order whereby his request for cancelling his transfer was rejected by the competent authority, Kumar also sought a specific direction to respondents to post him to any BSF establishment in Delhi till the time he completes his Delhi tenure of three years on compassionate grounds and to post him in National Capital Region facilitating easy access to AIIMS, Delhi for his wife’s treatment.

Upon his promotion, Kumar was transferred from Force Headquarters, Border Security Force to the Western Command.

Advocates Punit Vinay and Sunil Kumar had submitted on behalf of Kumar that his wife was diagnosed with GUTB (Genito Urinary Tuberculosis) in December, 2021 and she had been taking treatment from AIIMS, Delhi as she was childless till date whereas their marriage was solemnised in 2016.

Kumar had further relied on list of promotions wherein while issuing similar transfer order of promotion qua some of the promotees were kept at the same place in a static headquarters including Force Headquarters.

Kumar submitted that he wanted to continue with the treatment at AIIMS, New Delhi and it will take a maximum of one year, and therefore, his transfer orders may be extended for one year, and no further extension, on whatsoever ground, shall be sought by him for transfer order.

Taking note of the same, a bench of Justices Suresh Kumar Kait and Saurabh Banerjee ordered, "Keeping in view the aforesaid facts and on humanitarian grounds, we hereby direct the respondents to extend the transfer of petitioner for one year."

Case Title: MUKUL KUMAR vs. UNION OF INDIA & ANR.