Back
IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Manoj Kumar Sharma - Appellant
Versus
Union of India - Respondent
W.P.(C) 12232 of 2021
Decided On : 22-11-2021
Important Points
Subject
Administrative Law - Service Law
Headnote
(B) Judicial Precedent - Clarification was made that the decision is specific to the unique facts of the case and does not serve as binding precedent. (Para 5)
Facts of the case:
The petitioner, facing deteriorating health conditions, sought a transfer from a battalion in Chhattisgarh, which was initially denied by the authorities.
Findings of Court:
The petition was resolved as the authority agreed to reconsider the transfer request sympathetically.
Issues: Whether the transfer request based on medical conditions should be reconsidered.
Ratio Decidendi: The court emphasized the duty of the authorities to consider staff requests based on health conditions and set a time frame for their decision.
Result: Petition disposed of as satisfied.
| 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 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.
5. It is clarified that the present order has been passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent.
