SAMIR DEB Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, an Inspector in the employment of the ITBP, was transferred to Chandigarh on his own request which he had made to enable him to be by the side of his wife who had to undergo Brain Tumor surgery in the year 2000. On account of certain medicines prescribed to her in the context of that ailment, both her kidneys were damaged in the year 2006 and she is under treatment "from PGI Chandigarh on regular basis and is not in a position to shift from some other place". Further, the Head, Department of Endocrinology, PGI, Chandigarh had opined vide letter No. ENDO/482 dated 18.5.2009) that "wife of the petitioner requires long replacement therapy and three months follow up in the Department". After a stay at Chandigarh for a period of over two years, the petitioner has been transferred to North East.

(2.) The petitioner filed a plea (on the administrative side) for cancellation of his transfer which was declined by the competent authority.

(3.) The petitioner has filed this petition for the invalidation of the impugned transfer order (and also the order declining the plea put forward by him for cancellation of his transfer Annexure P-1 and Annexure P-4 respectively) as "illegal, unjust and arbitrary") The further plea, in the context, is that the impugned transfer is violative of Clause 93 of the transfer policy (Annexure P-2).