K. Ramachandran v. The Deputy Inspector General of Police
2010-09-02
K.CHANDRU
body2010
DigiLaw.ai
Judgment :- Heard both sides. 2. The petitioner has come forward to file the present writ petition seeking to challenge the order dated 15.9.2009, insofar as the petitioners transfer from Group Centre in Avadi to 42nd Battalion. The petitioners name finds a place in Serial No.30 in the said order. 3. The petitioner has challenged the said transfer order on very many grounds including that he is mentally sick having affected by the psychiatric problems. 4. Pending notice on the writ petition, this Court granted interim stay on 9.10.2009. After taking notice, the respondent has filed a counter affidavit dated 15.1.2010. 5. In the counter affidavit, apart from denying the various averments made by the petitioner, the respondent also brought to the notice of this Court a judgment of the Supreme Court in Major General J.K. Bansal V. Union of India reported in (2005) 7 SCC 227 . In that case, the Supreme Court stated that the Court should not interfere with the orders of transfer especially with regard to the members of armed forces, and the Court should not follow the judgments normally rendered in the transfer matters in the public sector organizations. Further, the Counsel for the petitioner drew the attention of this Court to a communication sent by the respondent which is as follows: "DATED : 18.07.2009 FORCE (.) NO.913186813 (ii) K. RAMACHANDRAN OF YOUR GC IN SUFFERING FROM OBSSIVE COMPULESSIVE DISORDER SINCE 2004 (.) PATIENT NOW REQUIRED TO REVIEW AT INSTITUTE OF MENTAL HEALTH AT CHENNAI (.) REPORT AS PATIENT REQD TO REVIEW ADMIT ON 20.07.2009 FOR LATEST MEDICAL CATEGORISATION AND ALSO PROVED ONE ATTENDANT TO PATIENT PLSE." 6. Since the respondent himself has suggested that the petitioners case must be reviewed at the Institute of Mental Healh at Chennai, a direction was issued to the learned Counsel for the respondent to get specific instructions from the respondent with reference to the above directions dated 18.7.2009. Mr.Y.Prakash, the learned Central Government Standing Counsel states that the respondent is willing to send the petitioner to an appropriate Medical Board for examining him on his mental health, and till the Board gives its opinion, he will also be retained.
Mr.Y.Prakash, the learned Central Government Standing Counsel states that the respondent is willing to send the petitioner to an appropriate Medical Board for examining him on his mental health, and till the Board gives its opinion, he will also be retained. In the light of the same, a direction is issued to the respondent to refer the case of the petitioner to the Medical Board constituted by the Director of Institute of Medical Health at Chennai 600 010, and after getting an appropriate opinion from the Institute, pass a fresh order or give effect to the earlier order. With this direction, this writ petition stands disposed of. No costs. Consequently, connected MPs stand closed.