The Delhi High Court recently rejected a challenge to the removal of two women constables of the Indo-Tibetan Border Police (ITBP) from the Indian Mission at Afghanistan to India, mentioning that the Court cannot intervene with the ITBP’s administrative choices under Article 226 of the Constitution of India. [Rani Delhi & And v. Indo Tibetan Border Police (ITBP)]
The two constables had proposed a plea for their re-deployment in Afghanistan at the Embassy of India in Kabul, Afghanistan as security assistants.
Justices Rajiv Sahai Endlaw and Amit Bansal held:
“The applicants being part of an armed force like ITBP have no absolute right to be posted in Afghanistan, and can be posted wherever based on the terms as assessed by the respondent (Indo-Tibetian Border Police).”