Administrative bodies must consider humanitarian factors in decisions affecting personnel, especially regarding medical treatment.

Headnote:(A) Constitution of India - Article 226 - Quashing of order - Petitioner challenged signal No.A/1740 for de-attachment from FHQ BSF hospital to continue treatment for his wife - Court directed respondents to consider petitioner's representation with medical documents while deciding on humanitarian grounds within four weeks. (Paras 3-5)

(B) Administrative power - The court emphasized the need for compassionate consideration in administrative decisions regarding medical treatment and personnel attachment. (Paras 7)

Facts of the case:
The petitioner sought to quash an order that detached him from his current posting to accommodate his wife's medical treatment. Medical documents were attached to support the matter.

Findings of Court:
The court granted liberty to the petitioner to submit a representation regarding his situation and stayed the signal for de-attachment.

Issues: The main issues addressed included the validity of the de-attachment order and the need for humanitarian considerations.

Ratio Decidendi: The court held that administrative bodies must consider humanitarian factors when making decisions affecting individuals, particularly in medical situations.

Result: Petition disposed of.

Table of Content
1. petition is disposed of, allowing for procedural steps. (Para 1 , 2 , 6 , 8)
2. petitioner seeks quashing of a signal for de-attachment. (Para 3)
3. court provides a direction for representation and stay on current orders. (Para 4 , 5 , 7)

JUDGMENT (Oral)

CM APPL. 38627/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. The application is accordingly disposed of.

W.P.(C) 12719/2022 & CM APPL.38626/2022

3. By way of the present petition, petitioner seeks quashing and setting aside the impugned signal No.A/1740 dated 10.08.2022 for de-attachment of petitioner from FHQ BSF hospital and commanding the respondents to extend the attachment period of petitioner in Delhi area unit for treatment of his wife at Artemis Hospital Gurugram.

4. In view of the averments made and medical documents attached in the present petition, we hereby dispose of the present petition by giving liberty to the petitioner to make representation to the respondents within two weeks from today. On receipt of the same, respondents are directed to decide the same keeping in view the medical documents of the petitioner attached with the present petition into consideration and pass an order on humanitarian ground within four weeks thereafter.

5. Till the decision is taken, signal No.A/1740 dated 10.08.2022 and movement order dated 13.08.2022 shall remain stayed.

6. Petition is accordingly, disposed of.

7. Needless to state that the respondent may consider his representation by accommodating the petitioner where the medical treatment for his wife is available at the nearest station.

8. Order dasti under signatures of the Court Master.

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