Desh Raj v. Union of India

1. The petitioner challenges his transfer to Kanpur.

2. The petitioner’s case is that he suffers from strokes and that he has left side neurological defects. He is also a patient of seizures and hypertension. He has been placed in the lowest medical category Shape P-V as suffering from permanent disability unlikely to improve. He is also in possession of a complicated chronic disease certificate issued by the PGIMER, Chandigarh where he is undergoing treatment.

3. In these circumstances, the petitioner submits that it may be imperil his life if he is relocated at Kanpur at this stage.

4. We note that the petitioner has addressed a representation to the respondent which has not met with any response.

5. We have requested Mr. Ashish Batra, learned SPC, who is present in Court to accept notice. He has graciously accepted notice.

6. Given the nature of the controversy, and following orders we have passed in similar cases, we deem it appropriate to dispose of this writ petition with a direction to the respondents to treat the writ petition as a representation and pass a reasoned and speaking decision thereon within a period of four weeks from today.

7. We expect the respondents to treat this case with the empathy it deserves. The medical condition of the petitioner would be duly taken into consideration. The decision, as and when taken, would be communicated to the petitioner forthwith.

8. Should the petitioner continue to remain aggrieved, his remedies in law would remain reserved. Accordingly, the decision, if adverse to the petitioner, would remain in abeyance for a period of one week after it is taken.

9. The writ petition is disposed of in the aforesaid terms.

10. We express our gratitude to Mr. Ashish Batra, learned SPC, for having accepted notice and graciously assisted this Court.

C. HARI SHANKAR, J.