Research › Search › Judgment

Orissa High Court · body

2018 DIGILAW 555 (ORI)

Bishnu Charan Mohanty v. Union of India

2018-05-15

SUJIT NARAYAN PRASAD

body2018
JUDGMENT S. N. PRASAD, J. - This writ petition is for quashing the order of transfer dated 13.04.2017 under Annexure-7 as also the signal dated 5.6.2017 under Axxexure-9 with direction the opposite parties to allow the petitioner to continue in Group Centre, CRPF, Bhubaneswar for a period of one year ahead for his treatment. 2. The fact, in brief, as per the pleading made in the writ petition is that the petitioner has been appointed as Constable (General Duty) in 149 Battalion of CRPF in Bhubaneswar and worked there w.e.f. 4.8.2003 to 20.7.2004. Thereafter, he was transferred to 43 Battalion of CRPF and worked at Gongial, Jammu and Kashmir w.e.f. 4.8.2004 to 6.6.2006. Then transferred to Konda Gam, Chhattishgarh and worked there w.e.f. 10.6.2006 to 06.05.2009 and thereafter again transferred to 43 Battalion of CRPF and worked at Srinagar, Jammu and Kashmir w.e.f. 12.5.2009 to 3.2.2013 and then he has been shifted to Composite Hospital, Group Centre, CRPF, Bhubaneswar on 17.06.2012, since he was suffering from Multi Drug Resistance T.B. (MDR T.B.). Since the petitioner has not been fully recovered from the above ailment, he was transferred from Srinagar to 179 Battalion of Group Centre, CRPF, Bhubaneswar vide order dated 17.01.2013 and continuing in that place and making the regular treatment. According to the petitioner, till date, he has not recovered from the ailment and further his son is also in the midst of the academic session, but without appreciating this aspect of the matter, he has transferred vide order 13.4.2017 from 179 Battalion of Group Centre, CRPF, Bhubaneswar to 41 Battalion of CRPF, Madhya Pradesh Sector of CRPF which is far away from Odisha Sector. Hence, this writ petition has been filed praying therein to allow him to remain in 179 Battalion of Group Centre, CRPF, Bhubaneswar. It has been contended that due to the ailment, he is not in a position to move or even not in a position to do the active Battalion duty, since he is suffering from Multi Drug Resistance T.B. (MDR T.B.) and due to the effect of the medicine, it is not possible for him to do the hard nature of work. 3. 3. The opposite parties have appeared and filed counter affidavit inter alia it has been stated therein that the petitioner has been transferred vide order dated 17.1.2013 by taking lenient view regarding his medical ailment and as also in pursuant to the transfer policy as contained in Standing Order No.7 of 2015, when he has completed his normal tenure, as such, he has been transferred by the impugned order of transfer. Hence, there is no illegality in the same. It has been submitted that so far as the question of suffering of the petitioner from the disease of Multi Drug Resistance T.B. (MDR T.B.) that can also be looked into in transfer place of posting, but that cannot to be a ground to quash the order of transfer taking into consideration the fact that the petitioner has already completed normal tenure of three years rather he has remained in Bhubaneswar for more than the period of three years and as per the prayer made in this writ petition, since by virtue of an interim order dated 21.6.2017 passed by this Court, the period of one year has already been completed which is the prayer made in the writ petition to the effect that to allow the petitioner to continue in 179 Battalion of Group Centre, CRPF, Bhubaneswar for a period of one year ahead for his treatment, this period now has already been completed. Hence, there is no difficulty on the part of the petitioner to join in the transfer place of posting. He submits that if the petitioner is at any difficulty in discharging the active Battalion duty, it is available to him to apprise the authority which will be taken into consideration by them. 4. Heard the learned counsel for the parties and on appreciation of their rival submissions, it is evident that the petitioner is the member of the discipline force working as Constable (General Duty) under the Central Reserve Police Force. He, from one place to another, has ultimately been transferred to 179 Battalion of Group Center, CRPF, Bhubaneswar vide order of transfer dated 17.1.2013. He, from one place to another, has ultimately been transferred to 179 Battalion of Group Center, CRPF, Bhubaneswar vide order of transfer dated 17.1.2013. The petitioner, while continuing there, has been transferred to 41 Battalion of CRPF, Madhya Pradesh Sector of CRPF vide order dated 13.4.2017 which is under challenge in this writ petition on the ground that he is suffering from Multi Drug Resistance T.B. (MDR T.B.) as also his son is studying in the midst of the academic session. This Court, after hearing the learned counsel for the petitioner at the first instance, has passed an interim order after issuing notice upon the opposite parties to the effect that in the event the petitioner is no relieved from the place of posting in the meantime, he shall not be relived till the next date and by virtue of the same, he is continuing at the present place of posting i.e. 179 Battalion of Group Centre, CRPF, Bhubaneswar. The petitioner’s specific prayer is to quash the order of transfer dated 13.4.2017 as also the signal dated 5.6.2017 with direction to the opposite parties to allow him to continue 179 Battalion of Group Centre, CRPF, Bhubaneswar for a period of one year ahead for his treatment. 5. Learned counsel appearing for the petitioner has tried to impress upon by showing the various medical certificates issued by the office of the DIG (Medical)/Medical Superintendent Composite Hospital, CRPF, Bhubaneswar as contained under Annexure-2 Series to strengthen his argument that the petitioner is suffering from Multi Drug Resistance T.B. (MDR T.B.) and on the basis of that ailment, he has been transferred to Bhubaneswar which happens to be his native place. He has also tried to impress upon by referring Annexure-R/1 annexed to the counter affidavit filed by the opposite parties issued by the DIGP (Adm) Odisha Sector, CRPF, Bhubaneswar wherein the case of the petitioner has been recommended to be considered for extension for a period of one year on the ground of medical treatment, since he is suffering from Multi Drug Resistance T.B. w.e.f. 6.7.2012 and undergoing treatment at SUM Hospital, Bhubaneswar (Odisha) under supervision of CH BBSR. 6. 6. This Court, after taking into consideration the prayer made in the writ petition whereby and whereunder the petitioner is seeking a prayer to allow him to continue for a period of one year ahead of his treatment, the aforesaid period of one year has been completed in the midst of month of April, 2018, is of the view that the prayer which has been made by the petitioner is now been redressed. 7. The petitioner has also prayed for quashing the order of transfer dated 13.4.2017 and the signal dated 5.6.2017 on the ground of medical ailment, but according to my considered view, which is best upon the judgment rendered by Hon’ble the Supreme Court in the cases of Mrs. Shilpi Bose and others -vs- State of Bihar and others, reported in AIR 1991 SC 532 ; Union of India and others -vs- S.L. Abbas, reported in (1993) 4 SCC 357 ; Mohd. Masood Ahmad -vs- State of U.P. and others, reported in (2007) 8 SCC 150 ; Government of Andhra Pradesh -vs- G. Venkataratnam, reported in (2008) 9 SCC 345 ; and Novartis India Limited -vs- State of West Bengal and others, reported in (2009) 3 SCC 124 . 8. The scope of this Court sitting under Article 226 of the Constitution of India to interfere with the order of transfer is very limited and that can only be interfered with, if it is without jurisdiction or contrary to the statutory rule or suffer from malice, but none of the ground has been made in this writ petition and as such, refrain itself from the order of transfer. Further on the ground that the petitioner is supposed to remain in place in pursuant to the Standing Order No.7 of 2015 which provides that the normal tenure of transfer in the location is three years. The petitioner has been transferred and posted in 179 Battalion of Group Centre, CRPF, Bhubaneswar on 17.1.2013 and since then he is continuing here. In view thereof, he has already completed more than 5 years of service. In that view of the matter also, the order of transfer will be said to be in consonance with the Standing Order No.71 of 2015. In view thereof, he has already completed more than 5 years of service. In that view of the matter also, the order of transfer will be said to be in consonance with the Standing Order No.71 of 2015. The ground of challenge is the medical ailment and in the midst of the session as has been stated hereinabove that the petitioner has sought for a direction to allow him in 179 Battalion of Group Centre, CRPF, Bhubaneswar for a period of one year, the aforesaid period of one year has already been completed in the Month of April, 2018 itself and as such, now there cannot be any grievance. However, learned counsel for the petitioner submits that still petitioner has not been recovered from the ailment, if that be so, it is upto the petitioner to bring this fact to the notice of the authorities in the transfer place of posting by apprising them regarding his ailment and if that will be done, the authorities will look into the matter and provide him lighter duty so that his health condition may not be affected. 9. In view of the facts and circumstances of the case, this Court declines from interfering with the order of transfer dated 13.04.2017 and the signal dated 5.6.2017. However, the authorities are directed that if any grievance regarding suffering from ailment from which the petitioner is suffering which has already been taken note of the competent authority of the Composite Hospital, Group Centre, CRPF, Bhubaneswar, the same be taken care of subject to the medical examination, the petitioner may be given lighter duty so that it may not affect his physical condition furthermore. With the aforesaid observation and direction, the writ petition stands disposed of. Petition disposed of.