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MANMOHAN, NAVIN CHAWLA
Om Prakash Meena – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - C.M.No.3291/2022
Exemption allowed, subject to all just exceptions. accordingly, the application stands disposed of.
W.P.(C) No.1138/2022
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the order dated 28th November, 2017 whereby the Petitioner has been removed from service, order dated 05th March, 2019 rejecting the appeal preferred by the Petitioner and the order dated 03rd June, 2021 rejecting the revision petition filed by the Petitioner.
3. Learned counsel for the petitioner states that the Petitioner was appointed as a constable in the CISF on 19th September, 2011 and deputed to CISF unit RTC, Barwaha in august 2012 after completion of training. He states that on 01st November, 2015 while working at CISF unit RTC Barwaha, the Petitioner met with an accident and his right elbow got fractured. He further states that the Petitioner underwent an operation at BHRC, Indore, however, it was unsuccessful and the Petitioner was referred for further treatment. He states that the Petitioner requested for a transfer from RTC Barwaha to RTC Behror or Deoli to enable him to proceed with the surgery he was
Compliance with transfer orders and duty obligations, especially in the context of medical reasons, is crucial in service law, and the proportionality of punishment to charges is a key consideration.
The dismissal of a government employee for non-compliance with transfer orders is justified when the employee fails to report for duty, despite health conditions.
Administrative transfers are valid under service rules when justified by allegations of misconduct, notwithstanding medical recommendations for alternative employment due to physical disabilities.
The court balanced the exigency of service with the petitioner's medical needs in determining the transfer order.
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
Judicial review of administrative transfers is limited; courts uphold orders unless clear legal violations are evident.
The court upheld the dismissal of a constable for misconduct, emphasizing the importance of timely appeals and the supervisory nature of certiorari under Article 226.
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