High Court of Meghalaya
Dr. Dipankar Chakraborty vs . Union Of India & Ors. on 9 May, 2022
Serial No. 15
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 53 of 2020 Date of Order: 09.05.2022
Dr. Dipankar Chakraborty Vs. Union of India & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner/Appellant(s) : Ms. M. Bordoloi, Adv.
For the Respondent(s) : Dr. N. Mozika, ASG with
Ms. T. Sutnga, Adv.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
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 01.12.2012, 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 dated
05.04.2019, 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 dated 29.09.2019, 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 dated 23.07.2021, 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 & 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:
"COMMITTEE FOR POSTING/TRANSFERS :
9. The annual transfers of Specialist Medical Officers and
GDMOs having PG qualification (including couple cases
pertaining to these streams) will be decided by a committee
comprising following officers:-
Secretary/Special Secretary/ - Chairman
Additional Secretary, MHA
DsG BSF,CRPF, ITBP,SSB & AR - Members
Or their representative
ADG(Med) - Member Secy.
Note:- As CISF has a common cadre with ITBP and NSG
is a deputationist force, there is no representative from
these forces in the Committee.
AUTHORITY COMPETENT TO ISSUE ORDER:
22. The transfers and postings orders will be issued by the
ADG (Med) CAPFs, NSG & ARs after approval of the
Committee."
4. Considering the change of circumstances with the
implementation of the new policy dated 23.07.2021, it is considered
expedient to dispose of this writ petition at this stage itself by directing
the Committee to consider the case of the petitioner expeditiously. While
considering the matter, the Committee is to keep in mind, that the transfer
of the petitioner had been approved on the earlier occasion, but due to the
non-receipt of the approval by the DG Assam Rifles, the same has been
kept on hold till date.
5. It is expected that the entire exercise will be completed within
a period of 6(six) weeks from receipt of certified copy of this order.
6. Matter accordingly stands disposed of.
Judge
Meghalaya
09.05.2022
"D.Thabah-PS"
