Calcutta High Court (Appellete Side)
Lt. Col. Sanjiv Basu Mallick vs Union Of India & Ors on 9 July, 2010
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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2 9.7.10 W.P.14526(W) of 2010
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LT. COL. SANJIV BASU MALLICK
VS.
UNION OF INDIA & ORS.
Mr. Tapas Hazra
Mr. Sandip Bhattacharya
..for the petitioner
Mr. Rajib Mukherjee
..for the respondents
This writ application is filed by the petitioner assailing an order of transfer as communicated to him by a signal dated June 16, 2010 for his posting as GSO 1(SF TEAM)COMA PMO CIDSS C/O HQ 18 INF DIV.
This writ petition is taken up for final disposal with the consent of the parties.
Having heard learned Counsel appearing for the respective parties as also considering the facts and circumstances of this case I find that that the ground for challenging this order of transfer is the inconvenience to be faced by the petitioner for treatment of his ailing mother, who requires accommodation at ground floor near service hospital with neurology services as recommended on April 16, 2010 by the doctor concerned of Commandant Hospital (E.C.) at Alipore, Kolkata-700 027. An application for compassionate ground posting of the petitioner dated April 20, 2010 has also been forwarded to the Commandant 2 Officer, 33 Corps. Op Sig Regt, C/O 99 APO. The above application is followed by a number of representations but the above representations are yet to be disposed of.
It is true that an order of transfer is the incident of service of an army officer and in course of judicial review under Article 226 of the Constitution of India a Court cannot ordinarily interfere with the same. But it is equally true that the aforesaid application of the petitioner for compassionate ground posting needs consideration by the Commandant Officer concerned.
In view of the observations made hereinabove, the impugned order of transfer is not interfered with. However, the competent authority is directed to take a decision with regard to the aforesaid application of the petitioner dated April 20, 2010 for his compassionate ground posting taking into consideration the recommendation dated April 16, 2010 by the concerned doctor of Commandant Hospital(E.C.) at Alipore, Kolkata - 700 027 within a period of two weeks from date and by passing a reasoned order.
This writ petition is, thus, disposed of.
There will be, however, no order as to costs.
Photostat copy of this order duly countersigned by the Assistant Registrar (Court) be handed over to the learned Advocate appearing for the parties on the usual undertaking.
(Debasish Kar Gupta,J) 3 4 5