Administrative decisions rejecting representations for transfer exemptions on medical grounds must be supported by relevant records and communicated via a speaking order to ensure transparency and fairness.

18.05 .2026

Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC for the respondents.

2. The petitioner is aggrieved by the impugned order of transfer issued to the petitioner on 05.01.2026. In terms of the said order, the petitioner was transferred from the Composite Hospital Guwahati to the battalion being 243 BN, which is stated to be located at New Delhi. The said order reflects the remark “SPECIAL”, indicating that the petitioner’s matter was a specially considered. It is submitted that the petitioner's spouse is suffering from “Papillary Carcinoma Thyroid (Cancer)”, since the year of 2017 and is currently undergoing treatment.

3. The learned counsel for the petitioner submits that as per the standing order issued by the Director General of Central Reserve Police Force dated 27.09.2022 certain categories are specified, which are exempted from the Summer Chain Transfers (SCT).

4. The learned counsel for the petitioner by referring to Clause No.7(i) of the said standing order submits that on medical grounds, suffering from certain illnesses which includes cancer, the transfer of the officers can be reconsidered by the authorities. The learned counsel for the petitioner submits that there is no dispute raised by the respondents that the petitioner's spouse is not suffering from cancer/carcinoma. As a consequence thereof, the petitioner is entitled to be considered and conferred the benefits under clause 7(i) of the said standing order. However, the same not having been done, the petitioner filed a representation before the authorities concerned, which stood rejected without any reasons being cited by the respondent authorities. Under such circumstances, the petitioner is before this Court.

5. The learned CGC for the respondents disputes the contentions raised by the petitioner. The respondents have filed their affidavit contesting the claims made by the petitioner drawing the averments made in paragraph No. 2 of the said affidavit. It is submitted that the petitioner has already spent 10 years in his home State during his entire service career of 15 years, and apart from this, was also granted one year retention during the SCT 25 on medical grounds and further, the petitioner has been transferred from Composite Hospital, CRPF, Guwahati to 243 Battalion, New Delhi as a special case, as better medical facilities are available in New Delhi. He therefore, submits that there is no infirmity in the order of transfer.

6. The learned CGC further submits that the petitioner has not completed 6(six) years cooling-off period required for subsequent posting in the home State and therefore, he was required to be transferred out, and as a special case being considered by the authorities, the petitioner stood transferred to the 243 Battalion which is posted in New Delhi.

7. The petitioner reiterated his contentions by filing a rejoinder affidavit.

8. The learned counsel for the parties have been heard and the pleadings available on record have been carefully perused.

9. There is no quarrel that Clause 7(i) of the Standing Order dated 27.09.2022 prescribes exemption from transfer in cases of the officers or personnel, including the spouse or children suffering from any of the medical conditions. The petitioner's spouse is suffering from the medical condition which is listed at Serial No.2 of Clause No. 7(i). The learned CGC does not dispute that there is no medical report referred to by the respondents from the Composite Hospital of CRPF that the petitioner's spouse will have the benefits of better treatment