The Court established that transfers for convenience can be warranted in cases involving health issues of petitioners.

ORDER

1. The present transfer petition has been filed by the petitioner seeking transfer of the case bearing W.P.(C) No. 2581 of 2024, titled as “Brig L I Singh, YSM(Retd.) Vs. Union of India & Ors.”(subject- case), pending before the Delhi High Court to the High Court of Manipur at Imphal.

2. Heard learned counsel appearing for the parties and perused the pleadings.

3. The petitioner is a Retired Army Officer now settled in Manipur. He had filed original application bearing O.A. No. 300 of 2017 before the Armed Forces Tribunal(for short, ‘AFT’), Principal Bench at New Delhi regarding certain entries in his service book for the year 2011-12. The said application was dismissed by AFT whereupon having no other option Signature Not Verified Digitally signed by SNEHA DAS Date: 2025.01.23 left, he preferred a writ petition bearing W.P.(C)

17:54:56 IST Reason:

No. 2581 of 2024 before the Delhi High Court.

4. Now, since the petitioner on retirement is settled in Manipur and is having serious health issues, he alleges that he is not able to pursue the litigation in Delhi and that the matter be transferred to the Manipur High Court.

5. Mr. Chahar, learned Additional Solicitor General appearing for the respondents submits that the next date for hearing in the subject-matter before the Delhi High Court is 10^th March, 2025 and that Union of India would be filing a counter affidavit by the next date whereupon the matter can finally be decided and as such, there is no need to transfer it at this stage.

6. Secondly, the original records are with the Headquarter at Delhi and in case High Court would require them, the same have to be carried all the way to Manipur.

7. Be that as it may, since the petitioner is a Retired Army Officer and is having serious health issues and travel problems, for his convenience, we consider it proper that the subject-case be transferred to the Manipur High Court.

8. Such transfer certainly will not cause any prejudice to the Union of India.

9. In the above facts and circumstances, we direct the Union of India to file a counter affidavit in the subject-case before the Delhi High Court within a period of two weeks whereupon the Delhi High Court would transfer the records of the subject-case to the Manipur High Court and it is expected that the transferee High Court shall consider and decide the matter most expeditiously without loosing any time. It will be open for the Union of India to appear virtually if such facility is available & physical appearance is not absolutely necessary.

10. The present transfer petition stands allowed in the above terms.

11. Pending application(s), if any, shall stand disposed of.

…………………………………………………...J.

[PANKAJ MITHAL]

…………………………………………………...J.

[AHSANUDDIN AMANULLAH]

NEW DELHI;

JANUARY 21, 2025.

ITEM NO.3 COURT NO.16 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No. 2802/2024 BRIG L.I. SINGH, YSM, (RETD.) Petitioner(s)

VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 21-01-2025 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Gaichangpou Gangmei, AOR Mr. Arjun D. Singh, Adv.

Ms. Nisha Pandey, Adv.

Mr. Maitreya Mahaley, Adv.

Mr. Yimyanger Longkumer, Adv.

For Respondent(s) Mr. Brijender Chahar, A.S.G.

Mr. Nachiketa Joshi, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. B Venkataraman, Adv.

Mr. Merusagar Samantaray, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. The present transfer petition is allowed in terms of the signed order which is placed on the file.

2. Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (RAM SUBHAG SINGH)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR