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MANMOHAN, NAVIN CHAWLA
Manoj Kumar Sharma – Appellant
Versus
Union Of India – Respondent
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
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.
Court directed a sympathetic reconsideration of a transfer request based on the petitioner's deteriorating health conditions, underlining the importance of accommodating such requests.
Prompt decision on representation and communication of reasoned order by the respondents.
The discretion of the Armed Forces in transfer matters and the exigency of service should be respected by the court, especially in matters pertaining to the Armed Forces.
The main legal point established is that in cases of transfer on medical grounds, the court will consider the petitioner's compliance with standing orders and the medical assessment of fitness for tr....
The central legal point established in the judgment is the importance of considering the delicate physical health condition of personnel and adhering to transfer guidelines when making transfer and p....
Administrative authorities must adhere to established standing orders regarding personnel transfers, and courts must respect compliance with procedure unless clear irregularity is shown.
Judicial discretion must align with operational exigencies; sympathy cannot override transfer policies in public service.
Timely decision-making by the respondents on the petitioner's representation and conditions for satisfaction of the petitioner's grievance are crucial in service transfer matters.
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
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