This order disposes of a writ petition challenging a transfer of an army personnel to a hard area based on his medical grade. The Court stayed the transfer and decided the petition as a representation pending a fresh medical examination.
The order of transfer was kept in abeyance pending a fresh medical examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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OMKAR NATH TRIPATHI ..... Petitioner Through: Mr.Srinivasa Rao K., Adv.
versus
DIRECTOR GENERAL, INDO-TIBETAN BORDER POLICE & ANR ..... Respondents
Through: Mr.Vivekanand Mishra, Adv.
CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. KAMESWAR RAO O R D E R % 08.09.2016
petitioner has been transferred from 22nd Battalion, Tigri, New Delhi to 20th Battalion, Aalo, Arunachal Pradesh. It is the case of the petitioner that the petitioner has been transferred to an extreme hard area by erroneously marking his medical grade as Shape-1, whereas in fact the petitioner has suffered a knee cap fracture on his right leg, which has led to his permanent disability. It is stated that the petitioner had been placed in the Low Medical
Category for the last 3 to 4 years. The petitioner also claims to have been
under treatment for diabetics and other ailments.
WP(C) 6450/2016
page 1 of 2
medical examination to determine his medical grade and pending such determination, the order of transfer shall be kept in abeyance.
INDIRA BANERJEE, J
V. KAMESWAR RAO, J
SEPTEMBER 08, 2016 RN
WP(C) 6450/2016
page 2 of 2
2 issues framed by the court
Whether to dispose of the writ petition against the order transferring the petitioner subject to his medical disability.
Whether the order of transfer should be allowed to stand pending a fresh medical examination.
Omkar Nath Tripathi
Director General, Indo-Tibetan Border Police
Indira Banerjee
V. Kameswar Rao
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
