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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Dr. Paramjit Singh Nagi – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 15859 of 2022 & CM APPL.49329 of 2022
Decided On : 28-03-2023
Transfer - Medical Officer - CCS (Leave) Rules, 2011, MHA Policy Guidelines, Cadre Review Order - The court discussed the applicability of the policies dated 07.12.2011, 29.02.2012, and 23.07.2021, and the Cadre Review Order dated 31.08.2022 in the context of the transfer and posting of a Medical Officer. The court found that the petitioner, a GDMO with PG qualifications, should have been posted at a Composite Hospital in accordance with the existing policies and directed the respondents to post the petitioner in any Composite Hospital of the CAPF in accordance with his seniority and merit against 36 already existing vacancies.
Fact of the Case:
The petitioner, a Medical Officer in the BSF Medical Cadre, sought quashing of a transfer order to Frontier Headquarter BSF Mizoram & Cachar, contending that he should have been posted to a Composite Hospital as per the policies and guidelines. The petitioner completed PG Diploma in Sports Medicine and was promoted to the rank of DIG (Med). The respondents argued that the petitioner's posting was as per merit and governing rule.
Finding of the Court:
The court found that the petitioner's transfer and posting should have been governed by the policies dated 07.12.2011, 29.02.2012, and 23.07.2021, and the Cadre Review Order dated 31.08.2022. The court set aside the transfer order and directed the respondents to post the petitioner in any Composite Hospital of the CAPF in accordance with his seniority and merit against 36 already existing vacancies.
Issues: The issues involved the applicability of the policies and guidelines in determining the transfer and posting of the petitioner, the interpretation of the Cadre Review Order, and the consideration of the petitioner's seniority and merit in the posting decision.
Ratio Decidendi: The court held that the petitioner's transfer and posting should have been governed by the policies and guidelines dated 07.12.2011, 29.02.2012, and 23.07.2021, and the Cadre Review Order dated 31.08.2022. The court directed the respondents to post the petitioner in any Composite Hospital of the CAPF in accordance with his seniority and merit against 36 already existing vacancies.
Final Decision: The court set aside the transfer order and directed the respondents to post the petitioner in any Composite Hospital of the CAPF in accordance with his seniority and merit against 36 already existing vacancies.
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been preferred by the petitioner inter-alia praying for issuance of a writ of certiorari for quashing of the order dated 07.11.2022 and signal dated 11.11.2022 to the extent whereby the petitioner has been posted to Frontier Headquarter BSF Mizoram & Cachar, which is in violation of their own policies dated 07.12.2011, 29.02.2012 and 23.07.2021 whereunder petitioner can only be posted to a Composite Hospital. Further, issuance writ of mandamus is also sought for directing the respondents to issue a fresh posting order, posting the petitioner to any Composite Hospital in the Country.
2. Petitioner after completing his MBBS from Maulana Azad Medical College in the year 1989, was appointed as Medical Officer (Assistant Commandant) in the BSF Medical Cadre on 27.12.1990. During his service, petitioner was promoted to the rank of Deputy Commandant (Sr. Medical Officer) on 11.09.1996 and Chief Medical Officer (Selection Grade) on 27.12.2004.
3. According to petitioner, he applied for undergoing PG Diploma in Sports Medicine from Netaji Subhash National Institute of Sports in Patiala. The respondents, finding petitioner has completed five years' of service and APAR gradings well above the bench mark, found him eligible under Rule 50 (5) of CCS (Leave) Rules fulfilling the conditions laid down in MHA/Policy/ Guidelines for pursuing PG courses and requested the MHA to grant petitioner study leave for two years. Accordingly, petitioner was granted permission to pursue PG diploma in Sports Medicine, which he completed successfully in the year 2007.
4. Thereafter, vide order dated 31.08.2022 the respondents undertook cadre review exercise for the Medical Officers of the CAPFs, NSG and AR and a total number of 50 posts of CMO(SG) were upgraded to the DIG, Medical and added to the existing 36 posts of DIG-Med, thereby making the total count of DIGs-Medical posts to be 86 in number. These new posts are upgradation of the existing CMO (SGs) post to DIG (Med). Pursuant thereto, the Border Security Force was allocated 14 more posts of DIG(Medical) in addition to the existing number of posts of DIG(Med) in BSF. As per the said Cadre Review exercise, the newly created 14 posts of DIG (Med) were to be filled by posting the said officers at Frontier Headquarters only. On 01.09.2022, respondents issued order dated 01.09.2022 inter alia promoting 52 other officers of CAPFs collectively from the rank of CMO-SG to the promotional rank of DIG (Med) towards the newly introduced vacancies as a consequence of Cadre Review Exercise. Thereafter, respondents vide order dated 07.11.2022 transferred the petitioner to Frontier Headquarters (Mizoram & Cachar), BSF at Silchar, Assam despite his being a GDMO with PG qualifications.
5. Aggrieved by the aforesaid transfer order dated 07.11.2022 passed by the respondents, the petitioner made a representation dated 11.11.2022 requesting the respondents to re-consider their arbitrary action and to post him with some Composite Hospital as per binding guidelines and instructions. However, the respondents issued signal dated 11.11.2022 directing the Authorities to relieve the petitioner immediately to join the posting at Frontier HQRs- Mizoram.
6. Thereafter, petitioner approached this Court by filing WP(C) No.15703/2022, however, the said petition was withdrawn vide order dated 15.11.2022 with liberty to petitioner to take appropriate steps pursuant to policy dated 23.07.2021.
7. Learned counsel appearing on behalf of petitioner submitted during the arguments that while issuing the impugned transfer order dated 07.11.2022 the respondents failed to appreciate their own policy dated 7.12.2011, which has been reiterated in their policy guidelines dated 29.02.2012 and again in order dated 30.10.2015 stating that to provide better health care services to the Central Armed Police Force personnel and their family members and for proper and optimum utilization of se
The main legal point established in the judgment is that the transfer and posting of the petitioner should have been governed by the existing policies and guidelines, including the Cadre Review Order....
Transfer of government servants is governed by exigencies of service, and individuals cannot claim specific postings, especially regarding teaching designations without meeting established criteria.
Transfers must not violate policy safeguards and cannot undermine an individual's professional status under arbitrary conditions.
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....
The court established that the discretion of military authorities in transfer matters is broad, and judicial interference is limited unless there is a clear violation of law or evidence of mala fides....
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