Disposed

Sadasiva Pati v. Union of India

Orissa HC29 Mar 2023WP(C)/8520/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition regarding a CRPF personnel's transfer and medical hardship. The court directed the respondent authority to consider a fresh representation with medical documents, issue a reasoned order within four weeks per the 2022 transfer policy, and suspend the impugned transfer order for six weeks.

What did the court decide?

Permission to file fresh representation directed; respondent authority ordered to consider medical condition and Standing Order; impugned transfer order stayed for six weeks or till disposal.

Sadasiva Pati Vs Union of India — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) 8520 of 2023

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Sadasiva Pati

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…. Petitioner Mr.Satyabhama Sethi, Advocate

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-versus-

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Union of India and others

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…. Opposite Parties Mr.P.K.Parhi, D.S.G.I. Mr.J.Nayak, C.G.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

29.03.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as Mr.P.K.Parhi, learned Deputy Solicitor General of India along with Mr.J.Nayak, learned Central Government Counsel. Perused the Writ Petition as well as the documents annexed thereto.

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The present Writ Petition has been filed with the following prayer:

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“Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon’ble Court may graciously be pleased to:

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i) quash/set aside the impugned order of transfer dated 25.01.2023 as at Annexure-7, transferring the Petitioner from G.C., CRPF, Bhubaneswar to 149 BN and rejection order dated 21.02.2023 of his request, issued by the Opp. Party No.2 as at Annexure-9, so far as it relates to the Petitioner is concerned, by concurrently holding the same as bad, illegal and non-est in the eye of law;

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ii) pass such other order(s) or issue direction(s) as may be

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deemed fit and proper in the bona fide interests of justice.”

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It is submitted by the learned counsel for the Petitioner that initially the Petitioner has been transferred from Bhubaneswar to 149 Bn Assam vide order dated 25.01.2023 under Annexure-7. Thereafter the Petitioner submitted a representation on 31.01.2023. While the said representation was pending for consideration, the Petitioner was again transferred under Summer chain transfer of 2023 vide order dated 21.02.2023 under Annexure-9 to 149 Bn after cancelling the previous transfer order dated 25.01.2023. Learned counsel for the Petitioner further contended that prior to the posting of the Petitioner at Bhubaneswar he was posted at Srinagar. There, the Petitioner while was on duty, sustained severe injuries and lost his left hand and to undergo a major surgery, as a result of which a part of his left hand has been amputed. Learned counsel for the Petitioner drawing the attention of this Court to the medical categorization of the Petitioner under Annexure-2 i.e. Medical Board Proceeding dated 26.02.2022 wherein it is opined that the Petitioner has been placed under A2(P) UL (AOL) category and he has been placed under such category for a period of two years. It has also been contended by the learned counsel for the Petitioner that while passing the impugned transfer order, the authority has not followed the Standing order and further the authority while transferring the Petitioner has not taken into consideration the medical condition of the Petitioner as well as the report of the Medical Board. He further contended that normally a transfer of CRPF personnel is posted for a period of four years at a station. So far as the Petitioner is concerned, it is stated that he has completed his tenure of three years. Accordingly, the Petitioner has approached this Court by filing the present Writ Petition.

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Learned Deputy Solicitor General of India along with Mr.J.Nayak, learned Central Government Counsel submitted before this Court that in the meantime the Petitioner has been given promotion

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to the post of Head Constable (G.D.) and pursuant thereto he has been transferred to 149 BN Assam vide order dated 20.02.2023. Learned D.S.G.I. further submitted that the order which has been assailed in the present Writ Petition has also been cancelled. So far as the transfer order dated 20.02.2023 is concerned, the same has not been assailed in the present Writ Petition. In such view of the matter learned D.S.G.I. submitted that let the Petitioner approach the authority along with all supporting medical documents and the Opposite Parties be directed to consider his case as per the latest Transfer Policy and Standing Order dated 27.09.2022.

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Considering the submissions made by the learned counsel for the respective parties and upon a careful consideration of the documents of the present case, this Court deems it proper to dispose of the Writ Petition at the stage of admission by permitting the Petitioner to make a fresh representation before the authority taking therein all the grounds along with the documents including the medical documents before the Deputy Inspector General of Police, C.R.P.F., G.C., Bhubaneswar, Opposite Party No.4. In the event such representation is filed within two weeks from today along with the documents, the same shall be considered and disposed of by passing a speaking and reasoned order in accordance with law, b particularly keeping in view the Standing order dated 27.09.2022 within a period of four weeks from the date of filing of the representation. The Opposite Party No.4 is further directed to consider the medical condition as well as the Medical Board report while considering the representation of the Petitioner and further considering the nature of injuries sustained, the Opposite Party No.4 shall do well to adjust the Petitioner in Bhubaneswar, if the same is permissible under law. He is also directed that till a decision is taken on the representation of the Petitioner as has been directed herein above, the impugned order under Annexure-9 shall not be given effect to in respect of the Petitioner for a period of six weeks or till disposal of the

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representation.

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With the aforesaid observation/direction, the Writ Petition sands disposed of.

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Issue urgent certified copy of this order as per Rule.

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( A.K. Mohapatra ) Judge

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RKS

Sadasiva Pati v. Union of India

Case brief

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Sadasiva Pati v. Union of India

Case brief

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