Bhim Sen Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4976 of 2025 ====================================================== 1.

Bhim Sen Kumar, Son of Siyaram Kumar, Resident of Village- Singriyawan, Police Station- Shahjananpur, District- Patna. 2.

Siyaram Kumar, Son of Late Mundrika Sharma, Resident of VillageSingriyawan, Police Station- Shahjananpur, District- Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home, Government of India, New Delhi.

2.

The Director General of Police, CRPF, New Delhi, CGO Complex, Lodi Road, New Delhi.

3.

The Deputy Inspector General of Police (Establishment), CGO Complex, Lodi Road, New Delhi.

4.

The Inspector General of Police (Personnel), CRPF, CGO Complex, Lodi Road, New Delhi.

5.

The Deputy Inspector General of Police, Group Centre, Mokama Ghat, Mokama, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the UOI :

Mr. Rana Vikram Singh, Advocate (Dy. SGI) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-03-2025 Heard Mr. Sanjay Kumar, learned Advocate for the petitioner and Mr. Rana Vikram, learned Advocate (Deputy Solicitor General) for the Union of India.

2. The petitioner who has been serving as CRPF Constable GD since 2011 is aggrieved with the transfer order SCT/2025 No. 922/2025 dated 24.01.2025 issued under the signature of Deputy Inspector General of Police (Establishment), CGO Complex, Lodi Road, New Delhi

2/4 whereby and whereunder the petitioner no. 1 has been tranferred from Group Center, Mokama Ghat to 062 Battalion, Chattisgarh. The name of the petitioner figured at Sl. No. 23 of the afore-noted list.

3. Learned Advocate for the petitioner after having taken this Court through the various medical prescriptions appended to the writ petition has vehemently contended that on account of a fierce battle between the naxalites with the armed force, sometime in the year 2017 in the State of Chattisgarh, several of the personnels were martyred and the petitioner was one of the members, leading the operation. This incident led to depression and postmic trauma to the petitioner and for which he has been in regular treatment with the specialized doctor of the I.G.I.M.S. and the Central Institute of Psychiatry, Government of India, Kanke, Ranchi.

4. Adverting to the aforesaid facts, Mr. Singh further contented that doctor has opined that the petitioner requires dire emotional support from family and department. Hence, it is a case where extreme compassion and humane approach is required at the level of the higher authorities concerned, including the Director General of Police, CRPF, New Delhi. It is thus contended that the entire facts have been brought before the

3/4 concerned authorities by filing a detailed representation, but to no respite. Conversely, the persons who have been facing identical ailments and under the treatment of doctors, on their representation, they have been retained on the previous places of posting, but, till date, no decision has been taken on the representation of the petitioner. A detailed representation has also been filed before the Inspector General of Police (Personnel), CRPF, long back on 06.02.2025, however, till date, no decision has been taken.

6. Mr. Rana Vikram, learned Deputy Solicitor General has submitted at the Bar that the petitioner has been serving uniform force, requires utmost discipline and his work is required in all the sensitive places; moreover, in all the places, even at Chhattisgarh there are good medical facilities and in any view of the matter, the petitioner shall not suffer any scarcity of proper medical facility. However, he fairly submitted that since the representation of the petitioner is pending before the concerned authorities, the grievance shall be taken into consideration in view of the submissions made hereinabove.

7. Considering the submissions advanced by learned Advocate for the respective parties and taking note of the mental shock and depressive disorder of the petitioner, which he has

4/4 been facing for years and the treatment under the expert doctors is still under process, this Court thinks it proper to dispose off the writ petition with a direction to the Inspector General (Personnel) CRPF to consider the representation of the petitioner in the light of the submissions afore-noted and the grounds taken therein the writ petition preferably within a period of four weeks' from today.

8. It is expected that till the disposal of the representation, the petitioner shall not be relieved from the earlier place of posting.

9. With this hope and expectation the writ petition stands disposed off.

(Harish Kumar, J) supratim/- U