Petitioner, a soldier in the nursing course, filed a writ petition challenging withdrawal from the course and transfer. Bench held previous withdrawal order was final and Army norms for transfer were valid.
Dismissed writ petition, directed Standing Counsel to hand over withdrawal order if any.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION N0.19113 of 2011
ORDER:
The petitioner is working in the Indian Army. He has been selected for the study of General Nursing and Midwifery Course, which has the duration of three and half years. He was allotted to Military Hospital, Secunderabad. It is alleged that the petitioner resorted to malpractice in the pre-final examination of the first year. The respondents withdrew him from the course and imposed the punishment of withholding of salary of 14 days.
The petitioner filed W.P.No.13202 of 2009 feeling aggrieved by the refusal of the permission to take the final examination of first year. Simultaneously, he filed W.P.No.15439 of 2009 challenging the punishment imposed against him. In W.P.No.132032 of 2009, this Court declined to grant any relief and a writ appeal was filed against it. That as well as W.P.No.15439 of 2009 were disposed of by the Division Bench of this Court. W.P.No.15439 of 2009 was allowed and the punishment was set aside. However, their lordships declined to interfere with the order passed in W.P.No.13202 of 2009. The respondents have transferred the petitioner to a different station.
This writ petition is filed for a declaration to the effect that the order of the respondents in withdrawing the petitioner from the course, non-declaration of his
result in the first year examination and other consequential steps are illegal, arbitrary and contrary to the purport of the order passed by this Court in the proceedings referred to above. Consequential directions on various aspects are also sought. The petitioner contends that even though he is pursuing the course, he is sought to be transferred to a different place.
The respondents filed a counter affidavit. Reference is made to various proceedings. It is ultimately stated that on finding that the petitioner has resorted to malpractices, he has been withdrawn from the course. As regards transfer, it is stated that on completion of the stipulated period of stay at the present station, he is identified for movement to a different place.
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
This, in a way, is the third set of proceedings instituted by the petitioner, ventilating his grievance. On earlier occasion, he approached this Court, feeling aggrieved by the denial of permission to appear in the examination, and imposition of punishment. The punishment was set aside but this Court declined to grant any relief as to his eligibility to appear in the examination. The result is that the order of withdrawal or the other steps taken by the respondents disabling the petitioner from continuing the course, became final. When a Division Bench of this Court declined any permission to the petitioner to take examination, it is just impermissible at this stage, to proceed on the assumption that the petitioner is still pursuing the course.
So far as the transfer of the petitioner is
concerned, the Army, being a disciplined Force, has its own norms for transferring the members and it is not pointed that any illegality was committed in that behalf.
Therefore, the writ petition is dismissed.
Learned counsel for the petitioner submits that no specific order of withdrawal of the petitioner from the course was served upon his client and unless such an order is served, it would be difficult for him to pursue the proper remedies effectively. The learned Standing Counsel shall ensure that the order of withdrawal, if any, passed against the petitioner shall be handed over to him within one (1) week from today. There shall be no order as to costs.
__________ 05.08.2011
Note: Issue C.C. in three days. (B/o) JSU
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION N0. 19113 of 2011
Date: 05.08.2011
JSU
2 issues framed by the court
Whether the petitioner can claim reliefs regarding withdrawal from the nursing course when a Division Bench previously refused eligibility for final examination.
Whether the transfer of the petitioner to a different station by the Army was illegal.
1 provisions across 1 enactments
Petitioner
Respondents
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
