Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1577

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Manoj Kumar Sharma - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 12232 of 2021
Decided On : 22-11-2021

Advocates appeared:
P.N.Agesh, Advocate, Akshay Sharma, Advocate, Shivam Wadhwa, Advocate, Shashank Bajpai, Advocate

The court's decision was based on the respondent's agreement to consider the transfer request sympathetically and decide within a week, leading to the disposal of the petition.

Headnote:
Exemption - Transfer Request - The court allowed the exemption subject to all just exceptions. The petitioner's request for transfer due to deteriorating medical condition was rejected, but the respondent was directed to consider the request sympathetically and decide within a week. The petition was disposed of as satisfied, with the clarification that the order was passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent.
Fact of the Case:

The writ petition challenged the rejection of the petitioner's transfer request due to deteriorating medical condition and sought a direction for transfer to a soft location. The respondent agreed to consider the request sympathetically and decide within a week, leading the petitioner to not press the petition further, resulting in its disposal.
Finding of the Court:

The court accepted the respondent's statement to consider the transfer request sympathetically and dispose of the petition as satisfied.
Issues: The main issue was the rejection of the petitioner's transfer request due to medical condition and the subsequent agreement by the respondent to consider the request sympathetically.
Ratio Decidendi: The court's decision was influenced by the respondent's agreement to consider the transfer request sympathetically and decide within a week, leading to the disposal of the petition.
Final Decision: The petition was disposed of as satisfied, with the clarification that the order was passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent.

JUDGMENT

Manmohan, J. - C.M.No.38293/2021

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) 12232/2021

1. Present writ petition had been filed challenging the order dated 27th August, 2021 issued by respondent nos.2 & 3 communicated vide signal dated 06th September, 2021, whereby the petitioner’s request for transfer from 150 Battalion located in Dornapal, Sukma, Chhattisgarh owing to his deteriorating medical condition was rejected. Petitioner also seeks a direction to the respondent no.2 to transfer him to a soft location.

2. In pursuance to the last order, Mr.Vipul Kumar, IG, CRPF has joined the present proceedings by way of online video link. He states that in the peculiar facts and circumstances of the present case, petitioner’s request for a soft location shall be considered sympathetically and shall be decided within a week.

3. The aforesaid statement is accepted by this Court and the respondents are held bound by the same.

4. In view of the aforesaid statement, learned senior counsel for the petitioner does not wish to press the present petition any further. Accordingly, the present writ petition is disposed of as satisfied.

5. It is clarified that the present order has been passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent.

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