LAWS(MAD)-2017-10-220

S. DAKSHINAMURTHY Vs. THE INSPECTOR GENERAL OF POLICE

Decided On October 25, 2017
S. Dakshinamurthy Appellant
V/S
The Inspector General Of Police Respondents

JUDGEMENT

(1.) Challenge in this appeal is to an order made in W.P. No. 15169 of 2017 dated 22.08.2017, by which, the Writ Court, declined to interfere with the order of transfer of the appellant from Group Centre, CRPF, Avadi, Chennai to State of Odisha, in proceedings of the Director General, CRPF, New Delhi, dated 09.06.2017.

(2.) Before the writ court, it was the contention of the appellant that he was initially appointed as Constable(Driver) in the year 1991 and was subsequently promoted as Head Constable(HC/DVR) on 02.12.2002. When the writ petitioner was serving in 18 Battalion stationed at Kulgam, Jammu and Kashmir on 24.12.2011, about 22.15 hours when other cops were sleeping in Motor Transport (M.T) Line of Unit, one Mr. Sanjay Kumar Rai of the unit fired from his own rifle on his colleagues from close proximity of their cot. In the incident, three of the colleagues of the appellant died, instantly and the appellant sustained grievous bullet injury in his abdomen, right leg and right thigh region. He was admitted as inpatient in Sher-I-Kashmir Institute of Medical Sciences, Srinagar and undergone treatment for a considerable length of time. Thereafter, he was brought to Chennai and admitted in MIOT Hospital, and his right leg above knee was amputated.

(3.) It was the further contention before the writ court that due to the serious injuries sustained by the appellant/writ petitioner, he has to be considered for rehabilitation. Rehabilitation Schemes are issued by the respondent time and again. Standing Order No. 4/2011 dated 27.07.2011, relates to rehabilitation of Force Personnel. In accordance with the Rehabilitation Scheme, appellant/writ petitioner ought to have been allowed to continue in the same place at Avadi, Chennai.