Delhi High Court
Manendra Rana vs Union Of India & Anr. on 25 March, 2021
$~Suppl.-16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3601/2021 & C.M.Nos.10947-10948/2021
MAHENDRA RANA ..... Petitioner
Through Mr.Manoj V.George with Ms.Shilpa
Liza George, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Ms.Nidhi Banga, Advocate for UOI.
% Date of Decision: 25th March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):
1. On the last date of hearing, this Court had passed the following
order:-
"C.M. Appl. No. 10948/2021 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P. (C) No. 3601/2021 & C.M. Appl. No. 10947/2021 (Stay)
The petitioner, who is a Constable in ITBP, has filed the present
writ petition challenging his transfer order dated 04th February
2021 relying upon the Office Memorandum dated 08th October
2018, which deals with the posting of government employees who
have differently abled dependents.
Learned counsel for the petitioner states that a son was born to
the Petitioner on 04th January, 2020 and immediately thereafter
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
the Petitioner's wife started showing symptoms of depression. He
points out that the Petitioner's wife was diagnosed with Post
Partum Depression Personality disorder and today he is the
primary care giver of his one year old infant son.
He states that Respondent No. 2 had issued the impugned transfer
order directing the Petitioner to move to 37 Bn Leh, Ladakh
wherein the date of joining given was 17th March 2021.
He states that the Petitioner addressed a letter to Respondent No
2, requesting for stay of transfer and to allow him to continue in
and around his present posting because of the mental health of his
wife and the need to take care of the infant child. He, however,
states that no reply has been received from the Respondent No.2
till date.
Issue notice. Ms. Nidhi Bansal, CGSC accepts notice on behalf of
the respondents. She states that it is only after the transfer order
had been issued that the respondents came to know of the fact that
the petitioner's wife is suffering from depression. She also states
that the medical record produced by the petitioner in support of
his averments in the petition has been issued by the Private
Hospital(s) and not by the Base Hospital.
Consequently, this Court directs that a medical assessment of the
petitioner's wife be carried out by a Medical Board to be
constituted by Commandant Dr. Prashant Mishra, Psychiatrist,
CMO (SG), ITBP Base Hospital, Tigri Camp, Delhi, on 23 rd
March 2021. Let the medical report be placed on record on or
before the next date of hearing.
List on 25th March 2021.
Till the next date of hearing, the petitioner's transfer order dated
04th February, 2021 is stayed."
2. In pursuance the aforesaid order, the respondents had set up a Medical
Board comprising two Psychiatrists and a Gynaecologist at Base Hospital,
ITB Police, Tigri Camp, New Delhi. The medical opinion of the aforesaid
Board, handed over today in Court, reads as under:-
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
"Smt. Neha Devi w/o No-136100146 CT/GD Manendra
Rana of 39th Bn reported to Base Hospital Delhi on 23.03.2021
at 1225 hrs for medical assessment in pursuance to Hon'ble
High Court of Delhi's directions in writ petition (C) No-
3601/2021 titled Manendra Rana V/s UOI & Ors filed before
the at New Del hi 9CT/GD Tfr Matter) vide Order dated
19.03.2021.
The board examined all the available documents
regarding the assessment of Smt. Neha Devi. According to
medical document (WPC Page No-51) and Kailash Hospital
OPD UHID No-1318647 dated 17.01.2021 she was seen by
Neuro Surgeon Dr. Alok Kumar Dubey for complaint of
insomnia. Her vitals were stable and specialist also mentioned
NFD (No features of Depression). She was advised NCCT Head
and medicine accordingly.
Next review was done on 24.01.2021 (WPC Page No-50)
where said specialist mentioned in OPD card that she has
improved and NFD (No features of Depression) and again
advised to continue medicine. She was again reviewed on
31.01.2021 (WPC Page No-48) and specialist again mentioned
in OPD card that she has improvement and NFD (No features
of Depression). She was advised for MRI Brain and further
advised to continue same medicines. Subsequently MRI Brain
was done on 05.02.2021 and report shows within normal limit.
As per OPD card dated 08.02.2021 (WPC Page No-46)
patient did not come for review, it was a proxy review.
Again reviewed on dated-23.02.2021 (WPC Page No-44)
where Neuro Surgeon mentioned that she has improved, sleep is
better and has emotional liability. On examination vitals were
stable, NFD (No features of Depression) and advised medicines
accordingly.
As per medical documents she was next seen in OPD of
district hospital, Baghpat on 04.03.2021 (WPC Page No-43)
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
vide registration no-26127 whereby the depression was
reported for the first time but name and specially of examining
Doctor has not been mentioned in OPD slip also no other
findings of Mental State examination has been mentioned nor
she has been advised referral to Psychiatrist but medicines for
the report ailment have been advised.
After going through the medical documents available on
record, the Board of Doctors proceeded for further evaluation
of the individual in person. According to the history given by
the individual and medical document (WPC Page No-42) she
had delivered a male baby by LSCS on 04.01.2020 at 3:48 PM.
There is no history suggestive of any complaint or any
complication in postpartum period and neither there is any
document on record supporting any complaint in postpartum
period. According to her she was leading a normal healthy life,
having regular periods, breast feeding her child.
In the month of January 2021, she had complaint of
disturbed sleep for which she took treatment from Neuro
Surgeon of Kailash Hospital as has been mentioned above. At
present she has no fresh complaint and according to her she
was taking medicines off and on. On further questioning on
about her ailment she replied "लद्दाख नह ीं जाना, अभी बच्चा है ना
साथ में , नोएडा में ह रहने दो ".
xxx xxx xxx
After history taking board advised admission in the Base
Hospital, ITBP for further evaluation and assessment. But her
husband refused in front of the Board for getting his wife
admitted in Base hospital, ITBP. Moreover, her husband, No-
136100146 CT/GD Manendra Rana of 39th Bn, insisted that she
may be admitted in private hospital as he does not have faith in
ITBP Hospital and said that, "इसका इलाज तो प्राइवेट अस्पताल में ह
चलेगा".
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
After this he was advised to report back along with his
wife at 4:00 PM. He reported alone at around 4:15 PM. As he
had not brought his wife along, he was asked to report with his
wife in room no-17 of Base Hospital ITBP where the Board of
Doctors had assembled. But he did not report back to Base
Hospital, ITBP. Board of Doctors kept on waiting for him and
his wife till 1800 hrs but none of them reported.
FINAL OPINION OF THE BOARD
Whatever general/physical examination and mental state
assessment could be done while history taking by Board of
Doctors comprising of two senior Psychiatrists is of the
inference that she entered room voluntarily and took her seat
comfortably. She was kempt & tidy, moderately built and
nourished, conscious, cooperative, well oriented to time, place
and person, eye to eye contact maintained, rapport established
easily, memory intact, no formal thought disorders, speech
coherent, relevant, volume and tone were normal.
In view of above Board is of the opinion that Smt. Neha
Devi w/o No-136100146 CT/GD Manendra Rana of 39th Bn
currently she is maintaining well and on current mental status
examination no depressive feature noted."
(emphasis supplied)
3. From the aforesaid report, it is apparent that the petitioner's wife is
leading a normal healthy life.
4. At this stage, learned counsel for the petitioner states that the opinion
of the private Doctors consulted by the petitioner is to the contrary. In
support of his contention, he relies upon the prescriptions issued by the
private Doctors.
5. However, we find that the Medical Board has given its opinion after
taking into account the prescriptions issued by the private Doctors.
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
6. Consequently, keeping in view the clear and categorical opinion of
the Medical Board constituted by this Court and that too with the consent
of the petitioner, this Court is of the opinion that the wife of the petitioner
is neither depressed nor suffering from any mental health issue.
7. In fact, the conclusion of the Medical Board as well as petitioner's
wife's conduct of not reporting back to the Medical Board and her candid
statement "लद्दाख नह ीं जाना, अभी बच्चा है ना साथ में , नोएडा में ह रहने दो" leaves us
in no doubt that the petitioner just to stall his posting/transfer had gone to
the extent of contending on the last date of hearing that his wife is suffering
from postpartum depression and 'is a threat to her infant son'.
8. Accordingly, the present writ petition and applications, being bereft of
merits, are dismissed and the interim order dated 19th March, 2021 is
vacated.
9. The petitioner is directed to join his new place of posting as
expeditiously as possible but not later than one week. In the event, the
petitioner does not join the said posting, the respondents shall be at liberty
to take appropriate action against the petitioner in accordance with law.
10. Accordingly, the present writ petition along with pending applications
is dismissed.
MANMOHAN, J
ASHA MENON, J
MARCH 25, 2021
KA
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
