RAJVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. The order of transfer dated 5-6-1997 contained in Annexure-3 to the writ petition, is under challenge.

(2.) MR. Rajendra Narayan, learned Counsel for the petitioner, assails the order impugned on the grounds, firstly, that the transfer being a transfer from one region to another region, it is to be done only by the Inspector deneral of Police (Headquarter) in view of Regulation I-A (i) and therefore Inspector General (Zone) is incompetent to pass the said order of transfer in view of the said regulation; secondly, that the petitioner was originally posted in Oarhwal Region and on his application on the ground of his ailment, he was transferred to plain at Ghaziabad, In case he is again trans ferred to Garhwai region as has been sought to be done by the impugned order, his life would be in danger. Certain medical certifi cates have been relied on by the petitioner in support of this contention. Learned Counsel for the petitioner submits that the petitioner is prepared to go on transfer any where in the State of U. P. except to any hill region.

(3.) SO far as the second point is con cerned, on the basis of the medical certifi cates annexed, it is not possible to conclude that ailment of the petitioner is so serious that he is unable to withstand cold and height of the hill-region. Under the cir cumstances, it would be open to the petitioner to make suitable representation in this this regard before the Inspector General (Zone) within a period of three weeks from date. If such representation is made, in that event the petitioner should be got examined by the Chief Medical Of ficer for ascertaining as to whether he is unable to withstand cold and height of Gar- wal region. If it is found that he is indeed unable to withstand cold and height of the hill region, then the Inspector-General (Zone) shall consider the question of petitioner's transfer to any other place other than hill regions. Such consideration is to be effected as early as possible preferably within a period of four months. Till such decision, the petitioner shall not be compelled to join the transferred post.