Disposed

Iusf Alli Khan v. Union of India

Orissa HC1 Oct 2024WP(C)/27035/2022

Case brief

AI extract

What is this about?

CRPF personnel challenged his transfer from Group Centre, Bhubaneswar to 163 BN, Anantnag (J&K), citing neurological illness, diabetes and medical categorization P3(P) restricting cold or hilly terrain posting. During pendency, the competent authority cancelled the transfer on medical grounds. The Court found nothing remained for adjudication and disposed of the writ petition and interlocutory app

What did the court decide?

Writ petition and I.A. No.11891 of 2024 disposed of; transfer already cancelled permitting petitioner to remain at GC CRPF Bhubaneswar on medical grounds.

Iusf Alli Khan Vs Union of India — Service and Employment | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27035 of 2022

¶2

Iusf Alli Khan

¶3

…. Petitioner

¶4

Union of India and others …. Opposite Parties

¶5

Mr. P.K. Parhi, DSGI along with Mr. B.K. Pardhi, CGC

¶6

CORAM:

¶7

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

¶8

Order No. 07.

¶9

ORDER 01.10.2024 W.P.(C) No.27035 of 2022 & I.A. No.11891 of 2024

¶10

This matter is taken up through Hybrid Mode.

¶11

Assailing the impugned order dated 15.07.2022 passed by the Director General of C.R.P.F., Ministry of Home Affairsopposite party no.2, wherein and whereby the petitioner was transferred from the Group Centre, Bhubaneswar to 163 BN (Jammu & Kashmir), the petitioner has approached this Court by way of filing this writ petition invoking extraordinary jurisdiction under Articles 226 & 227 of the Constitution of India with the following prayer(s):-

¶12

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

¶13

i. Quash/set-aside the impugned Order of transfer, dated 15.07.2022 as at Annexure-8, transferring the Petitioner from G.C., Bhubaneswar to 163 BN (Jammu & Kashmir) 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;

¶14

Page 1 of 4

¶15

ii. Direct/order the Opp. Party No.2 to consider the case of the Petitioner in terms of the medical categorization of the Petitioner as declared by the Medical Board and his further affected by Neurological problem as per the guidelines/standing Order regulating the posting/transfer of the C.R.P.F. personnel and thereby allow the Petitioner to continue in his present place of posting;

¶16

iii. Pass such other order(s) or issue direction (s) as may be deemed fit and proper in the bona fide interest of justice.

¶17

And for which act of kindness, the Petitioner as in duty bound, shall ever pray.”

¶18

None appears for the petitioner at the time of call.

¶19

Mr. P.K. Parhi, learned Deputy Solicitor General of India appearing along with Mr. B.K. Pardhi, learned Central Government Counsel for the opposite party, by way of filing an affidavit dated 02.09.2024 sworn to by Sri Pukhraj Jaipal, Deputy Inspector General of Police (Adm) in the Office of the IGP, Odisha Sector, CRPF, Bhubaneswar in this Interlocutory Application, i.e., I.A. No.11891 of 2024, submitted that this matter relates to transfer and relying on Annexure-R/1 of the said affidavit, which is a document showing transfer order (Amendment) dated 21.08.2024, stated that the transfer order of the petitioner has been cancelled and, therefore, the prayer of the writ petition has become infructuous. The said affidavit is taken on record. The relevant portion of the order dated 21.08.2024 (Annexure-R/1) is reproduced hereunder:-

¶20

“***Aggrieved with the aforesaid decision, the petitioner filed the WP(C) No.27035 of 2022 before the Hon’ble High Court of Orissa at Cuttack against his transfer from GC Bhubaneswar to 163 BN. The matter was listed for hearing

¶21

Page 2 of 4

¶22

on 14.10.2022 and Court had passed interim order dated 14.10.2022.

¶23

“Till the next date, operation of the impugned order dated 15/07/2022 under annexure-8 shall not be given effect to so far as it relates to the petitioner, if as on date it has not yet been implemented.”

¶24

The matter listed for hearing 29/11/2022 and the Hon’ble High Court had adjourned the case.

¶25

The petitioner in his WP(C) has requested to allow him to continue in GC CRPF Bhubaneswar for selftreatment as well as treatment of his father who is suffering from Eye disease and the petitioner is suffering from Neurology problem and T2DM.

¶26

The IG, Odisha Sector has intimated that the latest medical condition in respect of the petitioner has been assessed by a Board of Medical Officers at Composite Hospital, CRPF, Bhubaneswar. As per medical opinion, he is a case of T2 DM insulin, follow-up case of Chronic Pancreatitis, repeated TIA episodes/sensory seizures, board recommends employability restriction to cold/hilly terrain. His medical category is P3(P) as on 24/06/2023. Further, IG, Odisha, Sector has recommended for cancellation of his transfer from GC CRPF Bhubaneswar to 163 Bn, Anantnag (J&K) on medical grounds, DIG (law) Dte. has also opinioned for cancellation of his transfer to 163 Bn, Anantnag (J & K).

¶27

Now, therefore, as per the health condition of the petitioner, recommendation of the IG, Odisha Sector and concurrence accorded by DIG (law) Dte., the competent authority, after taking into consideration all pros & cons has taken a lenient view and his transfer from GC CRPF Bhubaneswar to 163 Bn, Anantnag (J & K) is hereby cancelled and he is permitted to retain in GC CRPF Bhubaneswar on medical grounds.

¶28

Page 3 of 4

¶29

The Inspector General, Odisha Sector, CRPF with reference to your letter No.T.IX.13/2024-OS-Adm-I(Court Case) dated 18/08/2022 for information. The Hon’ble High Court of Cuttack, Orissa may be apprised accordingly and get the case disposed of.

¶30

The DIG, GC, CRPF, Bhubaneswar to provide a copy of this order to the petitioner and signature in token of having received the same be obtained on the second copy and forward to this Directorate duly attested for our records.”

¶31

In such view of the matter, nothing remains for adjudication in this writ petition and, accordingly, the writ petition as well as the Interlocutory Application stands disposed of.

¶32

(M.S. Raman) Judge

¶33

Laxmikant

¶34

Signature Not Verified

¶35

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Oct-2024 16:18:53

¶36

Page 4 of 4

Iusf Alli Khan v. Union of India

Case brief

What is this about?

What did the court decide?

Iusf Alli Khan v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tapan Kumar Pradhan Vs State of Odisha

Union of India Vs Brajabandhu Sahu

Nageswari Tudu Vs State of Odisha

Tribhuban Behera Vs State of Odisha

Saroj Kumar Padhi Vs State of Odisha

Udayanath Behera Vs Pratap Chandra Pathy