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Without clear allegations, paramilitary postings beyond the court’s reach: HC

Chandigarh: Dismissing a petition filed by a Border Security Force (BSF) official, the Punjab and Haryana high court has held that the law concerning the transfer and posting of paramilitary personnel leaves very little room for a court to intervene in decisions about the optimal deployment of resources, and when there have been no allegations of “victimisation”..

Justice Vinod S Bhardwaj- It would not be appropriate for this court to assume the element of victimisation at the level of director general of BSF or the IG BSF, especially when there is no such allegation or aspersion cast by the petitioner in the petition.”

Justice Vinod S Bhardwaj passed these orders while dismissing a petition filed by Ashok Kumar, a deputy com-mandant rank officer of BSF, challenging his transfer from the Frontier headquarters Pun-3 jab to command headquarters Raipur in Chhattisgarh. The petitioner was posted as deputy commandant (works) at Punjab frontier ters Jalandhar since April 19, 2023.

The petitioner cited the MHA policy dated Dec 14, 2001, mandating a minimum 4-year tenure at a frontier headquarters.


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