Petitioner sought quashing of jail transfer order citing health and proximity to retirement. Court directed petitioner to make representation to competent authority rather than adjudicating the transfer.
Disposed with liberty to submit representation to competent authority to consider sympathetically.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civl Writ Petition No.12341 of 2011 Date of Decision : July 26, 2011.
Iqbal Masih ..... Petitioner
versus
State of Punjab and others ..... Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Sandeep Arora, Advocate, for the petitioner.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
(Oral) Surya Kant, J.
The petitioner is aggrieved by the order dated 24.5.2011 (Annexure P-1) transferring him from Central Jail, Gurdaspur to District Jail, Faridkot.
It is averred that several mitigating circumstances like untimely death of the petitioner's son, his poor health condition and the fact that the petitioner is nearer to his retirement, have not been kept in view by the authorities while transferring him vide the impugned order.
In my considered view, the appropriate recourse available with the petitioner would be to represent the competent authority and bring the mitigating circumstances to its notice for sympathetic consideration.
CWP No.12341 of 2011 [2]
The writ petition is accordingly disposed of with liberty to the petitioner to submit a representation to the competent authority who in turn is directed to consider the same sympathetically and in accordance with Rules as early as possible.
Ordered accordingly.
Dasti.
July 26, 2011 (SURYA KANT) Mohinder JUDGE
1 issue framed by the court
Whether a transfer order from central to district jail can be quashed by this court.
Iqbal Masih
State of Punjab and others
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
