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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Const Kamal Sarkar – Appellant
Versus
Union of India Through Its Secretary Ministry of Home – Respondent
W.P.(C) 3730 of 2023 & CM APPL. 14442 of 2023
Decided On : 28-03-2023
Transfer - Medical Treatment - The court directed the petitioner to file a fresh representation with all medical documents for transfer to a specific battalion for medical treatment, and directed the respondents to consider and pass appropriate order within four weeks.
Fact of the Case:
The petitioner sought directions to transfer him to a specific battalion for medical treatment, but his representation was rejected due to insufficient medical documents.
Finding of the Court:
The court disposed of the petition, giving the petitioner liberty to file a fresh representation with all medical documents, and directed the respondents to consider and pass appropriate order within four weeks.
Issues: Transfer for medical treatment, sufficiency of medical documents in representation.
Ratio Decidendi: The sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
Final Decision: The petition and any pending application were disposed of, with the petitioner given the opportunity to file a fresh representation with all medical documents for consideration by the respondents.
JUDGMENT (oral)
1. Present petition has been filed seeking directions to the respondents to transfer/post the petitioner to 25th Battalion, BSF, Chawla Delhi for atleast three years.
2. Pursuant to order dated 24.03.2023, learned counsel appearing on behalf of the respondents submits that petitioner made representation to transfer him to the 25th Battalion so that he can follow up the treatment and medical check up at AIIMS, New Delhi, however, in the representation, the medical documents filed by the petitioner were insufficient. Therefore, his representation was rejected by submitting that medical documents are not sufficient to allow his representation.
3. Accordingly, we hereby dispose of the present petition by giving liberty to the petitioner to file a fresh representation to the respondents along with all medical documents and on receipt of the same, respondents are directed to consider and pass appropriate order within four weeks.
4. Present petition as well as pending application, if any, stand disposed of.
5. Needless to say that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate Forum.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The court emphasized the importance of the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
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 court emphasized the importance of the respondents deciding the petitioner's representation and communicating the decision with a reasoned order, in line with the petitioner's request for retenti....
The court emphasized the importance of timely decision-making on representations made by petitioners.
Prompt decision on representation and communication of reasoned order by the respondents.
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