DIPANKAR CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is stated to be an Eye Specialist serving as a Commandant in the Assam Rifles had applied for Inter-Force transfer since 1/12/2012, as per the guidelines issued by the Ministry of Home Affairs (MHA) for transfer and posting to husband and wife in the same station subject to availability of post.

(2.) The initial request was rejected on the ground that there was no sanctioned post for Eye Specialist on Composite hospital. On 18/10/2018, the petitioner again made another application which was considered by the Ministry of Home Affairs (MHA) and vide order dtd. 5/4/2019, the petitioner was transferred and posted at Composite hospital, BSF, Patgaon, which was however subject to the concurrence of the DG, Assam Rifles. The said concurrence, however was not forthcoming as the DG rejected the prayer of the petitioner vide speaking order dtd. 29/9/2019, as such the petitioner has again approached this Hon'ble Court for consideration of his case.

(3.) While this matter was pending before this Court, it appears that there has been a policy change which has been brought on record by way of an affidavit by the petitioner. The policy dtd. 23/7/2021, which is appended at Annexure-1 of the affidavit, indicates that a Committee for posting/transfer of Specialist Medical Officer etc., has been reformulated where it appears that the requirement of the concurrence of the DG does not appear to be criteria as in the earlier policy. However, it is noted that the Committee consists of the DGs of the BSF, CRPF, ITBP, SSB and AR. It is also indicated there in the policy at Clause 22 that the transfer order will be issued by the ADG (Medical). Clause 9 and 22 of the policy which are relevant are reproduced hereinbelow: