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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Manoj Kumar Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to transfer order due to medical condition. (Para 1) |
| 2. consideration of transfer request based on personal circumstances. (Para 2 , 3) |
| 3. writ petition disposed as satisfied. (Para 4) |
| 4. order not a precedent due to unique circumstances. (Para 5) |
JUDGMENT
Manmohan, J.: (Oral)
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 afores
Court directed a sympathetic reconsideration of a transfer request based on the petitioner's deteriorating health conditions, underlining the importance of accommodating such requests.
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.
Prompt decision on representation and communication of reasoned order by the respondents.
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.
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
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.
Transfer orders are valid and must be complied with unless legally challenged; non-compliance with transfer results in duty to adhere to new posting.
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