VIMAL KISHORE Vs. BUREAU OF NAVIKS AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed challenging the correctness of the impugned order of transfer posting the petitioner at Kochi from Chennai.

(2.) Assailing the same, the learned counsel appearing for the petitioner pleaded that when the petitioner was transferred to Chennai on 13.05.2013 before completion of even three years time, he has been disturbed on 02.10.2014. As per the Coast Guard (Condition of Service) Rules, 1986, Rule 13 gives power to the authorities to transfer the enrolled persons within the service. But the impugned order dated 02.10.2014 transferring the petitioner to ICGS Kochi was not signed by the Officer-in-charge of Bureau of Naviks. Therefore, the transfer order is in violation of statutory provision of Sub Rule (2) of Rule 13 of Coast Guard (Condition of Service) Rules, 1986. This apart, the petitioner is also suffering from Multiple Ulcers of varying sizes in the Abdomen in Cecum part and he has been taking treatment and his health also weakened. The Doctors also advised him to take prolonged frequent treatment. In view thereof, he was admitted as in-patient in Acute Medical Ward-I at Military Hospital, Chennai, on 10.02.2015. Immediately, in view of chronic IBD, explaining the fact that he is unable to continue the treatment, if he is transferred to Kochi, made a request on 12.02.2015 to retain him at Chennai and in support of his request, he has also enclosed the genuine Medical Certificate and the non availability of Gastroenterologist at Military Hospital at Kochi. Accepting the genuine request, his date of report was extended from 20.10.2014 to 23.02.2015 by order dated 26.11.2014. Even today, he has been taking treatment visiting the hospital at Bangalore. Since it has been taking more time for his travel from Chennai to Bangalore, if he is further transferred to Kochi, he would be put to grave prejudice.

(3.) Referring to the Medical Boards Proceedings for 2015 and 2017, the learned counsel appearing for the petitioner submitted that the summary and opinion given by Command Hospital AIR Force Bangalore, which is enclosed at page No.9, clearly shows that the petitioner has undergone severe weight loss and he has history of solitary episode of blood in stools and there were no constitutional symptoms. The learned counsel further submitted that although the petitioner has been visiting the hospital for frequent evaluation after full diagnosis of IBD (Intermediate), he is not fully cured of the said problem. Therefore, the impugned order transferring the petitioner before completion of three years in Chennai may be quashed.