Case Note & Summary
The petitioner, Colonel Anil Kumar Sharma, a permanent commissioned infantry officer serving in the Indian Army since June 1985, challenged his transfer order dated 26th February 2015 transferring him from Mumbai to Pune, and the inaction of the respondents in deciding his representation for last leg posting. The petitioner had been posted in Mumbai since September 2011. In January 2014, he was hospitalized with sudden rise in blood pressure and gastric problems, and was diagnosed with multiple abscesses and oedema in the brain. He underwent a craniotomy on 8th January 2014, where part of his skull was removed and preserved in his abdomen pouch. He was in ICU for about 20 days and placed on the dangerously ill list. On 1st April 2014, he underwent cranioplasty to reinsert the skull bone with titanium plates and screws. Doctors advised that he would require treatment and observation for the next two to three years. Despite this, the respondents issued a transfer order on 26th February 2015. The petitioner made a representation on 11th March 2015 seeking last leg posting, but no decision was taken. The court considered the submissions of the petitioner in person and the respondents' counsel. The court held that the transfer order was arbitrary and passed without considering the petitioner's medical condition and pending representation. The court quashed the transfer order and directed the respondents to decide the petitioner's representation within four weeks, considering the medical advice and the policy on last leg posting. The court also directed that the petitioner be allowed to continue in Mumbai until the representation is decided.
Headnote
A) Service Law - Transfer - Arbitrariness - Transfer of army officer undergoing treatment for brain surgery set aside as arbitrary - Court held that transfer order passed without considering medical condition and pending representation was unsustainable (Paras 2-10). B) Army Law - Last Leg Posting - Medical Grounds - Petitioner entitled to consideration for last leg posting - Court directed respondents to decide representation within four weeks considering medical advice and policy (Paras 11-15). C) Constitutional Law - Article 226 - Judicial Review of Transfer - Transfer order can be interfered with if mala fide, arbitrary, or contrary to statutory rules - Held that transfer in this case was arbitrary and not in public interest (Paras 16-20).
Issue of Consideration
Whether the transfer order dated 26th February 2015 transferring the petitioner from Mumbai to Pune is arbitrary and violative of his right to medical treatment, and whether the respondents were obliged to consider his representation for last leg posting.
Final Decision
The court allowed the petition, quashed the transfer order dated 26th February 2015, and directed the respondents to decide the petitioner's representation dated 11th March 2015 within four weeks, considering the medical advice and policy on last leg posting. The petitioner was allowed to continue in Mumbai until the representation is decided.
Law Points
- Transfer order of army officer can be challenged on grounds of arbitrariness
- violation of medical advice
- and failure to consider representation
- Army policy on last leg posting
- medical grounds for retention
