Case Note & Summary
The petitioner, Shiv Kumar Singh, a Deputy Inspector General of Police in the Central Reserve Police Force (CRPF), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a transfer order dated 02.06.2020 and an office order dated 17.06.2020. However, during the preliminary hearing, the petitioner's counsel gave up the challenge to the transfer order itself, confining the grievance to the non-consideration of a representation dated 16.06.2020 (Annexure-F) wherein the petitioner sought deferment of being relieved on transfer for six months on medical and humanitarian grounds. The respondents, represented by the learned Assistant Solicitor General, resisted the petition but fairly stated that if a reasonable period was prescribed by the court, there would be no difficulty in considering the representation in a time-bound manner. The court, noting the limited scope of the grievance and the concession by the respondents, disposed of the writ petition with a direction to the respondents to consider the petitioner's representation dated 16.06.2020 in accordance with law within two weeks from the date of receipt of a copy of the order. The court clarified that it had not expressed any opinion on the merits of the representation.
Headnote
A) Service Law - Transfer - Representation - Medical Grounds - Petitioner, a Deputy Inspector General of CRPF, challenged transfer order but gave up challenge to transfer, limiting grievance to non-consideration of representation seeking deferment of relieving on medical and humanitarian grounds - Court directed respondents to consider representation within two weeks, as ASG conceded no difficulty if reasonable period prescribed - Held that representation must be considered in accordance with law (Paras 1-3).
Issue of Consideration
Whether the petitioner's representation seeking deferment of transfer on medical and humanitarian grounds should be considered by the respondents.
Final Decision
Writ petition disposed of with direction to respondents to consider petitioner's representation dated 16.06.2020 in accordance with law within two weeks from receipt of copy of order. No opinion on merits of representation.
Law Points
- Transfer order
- representation
- medical grounds
- humanitarian grounds
- time-bound consideration
