Disposed

Sushant Chandra v. Union of India and 7 Others

Allahabad HC7 Oct 2020WRIA/3837/2020

Case brief

AI extract

What is this about?

The petitioner, an impecunious Air Force personnel seeking transfer due to physical incapacity from knee surgeries, approached this Court. The Court, finding that the transfer order was based on competent medical records and the petitioner's undertaking to join the new posting, disposed of the writ petition without going into the merits of his discharge application or absence without leave.

What did the court decide?

The writ petition was disposed of based on the petitioner's undertaking to join the new posting within one week, subject to movement control assistance.

Sushant Chandra Vs Union of India and 7 Others — Property and Title | Allahabad HC (2020)

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Court No. - 83

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Case :- WRIT - A No. - 3837 of 2020 Petitioner :- Sushant Chandra Respondent :- Union Of India And 7 Others Counsel for Petitioner :- Shiv Kant Pandey Counsel for Respondent :- A.S.G.I.,Avinash Chandra Srivastava

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Hon'ble Ajay Bhanot,J.

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Heard Sri Shiv Kant Pandey, learned counsel for the petitioner and Sri Shashi Prakash Singh, Additional Solicitor General of India assisted by Sri Avinash Chandra Srivastava, learned counsel for the respondents.

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The petitioner had claimed that he is physically incapacitated because of repeated knee surgeries. Because of such medical injuries the petitioner is not in a position to move from one place to another.

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Considering the case set out by the petitioner and as argued by the learned counsels, this Court was constrained to direct the Air Force authorities to produce the records and request the assistance of Additional Solicitor General of India.

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Group Captain Sunit Tripathi, Command, JAG, Central Air Command, Bamrauli, Prayagraj, is present along with records.

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Heard Sri Shashi Prakash Singh, learned Additional Solicitor General of India assisted by Sri Avinash Chandra Srivastava, learned counsel for the respondents.

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Group Captain Sunit Tripathi has ably assisted the Court and taken to Court through various records pertaining to the case of the petitioner. The records disclose that the petitioner has been placed in Low Medical Category. He has to be assigned duties which are commensurate with his medical condition. The transfer order was assailed in the petition primarily on the foot that the medical condition of the petitioner was ignored.

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On perusal of the records as produced before me, I find that due regard was given to the medical condition of the petitioner which in turn was ascertained by the competent medical authorities of the Air Force. No material has been brought in the writ petition or during the course of argument to impeach the findings of the medical authorities of the Indian Air Force. The competent authority have applied their mind to all the relevant facts in the record.

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Transfer orders can be judicially reviewed on limited grounds. The law is well settled. The only challenge to a transfer can be laid if the transfer order is actuated by malice, or has been passed in violation of statutory provisions.

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None of the aforesaid facts had been made out in this case.

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Faced with this, Sri Shiv Kant Pandey, learned counsel for the petitioner to establish the bonafides of the petitioner submits that the petitioner will join his new place of posting within a period of one week from today. The Movement Control Office of the Indian Air Force shall give the assistance to the petitioner to get bookings done in the railways.

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As far as the claim for rejection of discharge application of the petitioner is concerned, this Court has not gone into merits of the discharge of the petitioner. It is open to the petitioner to seek appropriate remedy in law.

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The writ petition is disposed of in terms of the undertaking given on behalf of the petitioner.

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It is clarified that this Court had not gone into the issue of the petitioner being absent without leave. It is for the competent authority to decide as per law.

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Order Date :- 7.10.2020 Pravin

Sushant Chandra v. Union of India and 7 Others

Case brief

What is this about?

What did the court decide?

Sushant Chandra v. Union of India and 7 Others

Case brief

What is this about?

What did the court decide?

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