Thingujam Premjit Singh v. Union of India and 4 Others

Item No. 8 IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP(C) No. 287 of 2023

Thingujam Premjit Singh

....Petitioner(s)

-Versus-

Union of India & 4 Ors

....Respondent(s) BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

31.03.2023

Heard Mrs. Donnapriya, learned counsel appearing for the petitioner and Mr. Vijayanand Sharma, learned Sr.PCCG appearing for the respondents.

The only grievance raised by the petitioner in the present writ petition is that he is suffering from some medical problem and at present he is undergoing treatment in the composite hospital as well as in the Regional Institute of Medical Sciences and from the medical record, operation for his treatment is scheduled on 11-04-2023. In view of his medical condition, the petitioner approached the authorities by filing a representation dated 31-01-2023 in terms of the standing order No. 04/2022 requesting for allowing him for retention of one year for his medical treatment. The said representation of the petitioner was forwarded by the Assistant Commandant (HQR) Group Centre, Imphal to the DIGP Group Centre, CRPF, Langjing, Imphal for consideration.

The case of the petitioner is that the authorities without at all applying their mind and without any consideration of his health condition rejected the representation filed by the petitioner by order dated 22-02-2023 without giving any reason. CHONGNUNKI M GANGTE Date: 2023.03.31 14:58:30 +05'30'

In view of the above, learned counsel for the petitioner made a prayer for quashing the impugned transfer order and for allowing the petitioner to stay in the present place of posting for another one year so as to enable him to get himself treated in the RIMS Hospital.

Mr. Vijayananda, learned Sr.PCCG appearing for the respondents submitted that the representation submitted by the petitioner was duly considered by the authorities and after due application of mind, it was rejected. However, learned Sr.PCCG fairly submitted that if the petitioner file a fresh representation enclosing all the medical reports in connection with his medical treatment to the competent authorities through proper channel, the authorities are willing to re-consider the said representation.

In view of the submission made by the parties, the present writ petition is disposed of with the following directions:-

(i) The petitioner is directed to submit a fresh representation to the appropriate authorities through proper channel by enclosing all the medical reports in connection with his medical treatment for his retention of one year in his present place of posting so as to enable him to get medical treatment. The said representation should be filed within a period of three weeks from today.

(ii) In the event of filing such representation by the petitioner, the competent authorities are directed to consider the said representation on its own merit and strictly in terms of the applicable rules/guidelines and to dispose of the same by issuing a speaking order within a period one month from the date of receipt of the said representation.

(iii) It is also made clear that pending consideration and disposal of the said representation, the petitioner should be allowed to continue in his present place of posting. It is further made clear that if the petitioner failed to submit the said representation within the stipulated period of three weeks, the authorities are at liberty to proceed with the impugned transfer order.

With the aforesaid directions, the present writ petition stands disposed of.

JUDGE kim