Anil Kumar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4481 of 2017 =========================================================== Anil Kumar, Son of Ram Binod Singh, Resident of Village-Gomati, P.O.-Titra Bishnpur, P.S.-Rajapakar, District-Vaishali at present posted as CT/GD, 60 BN, CRPF, Chakradharpur, Jharkhand .... .... Petitioner
Versus
1. The Union of India through the Directorate General, C.R.P.F., CGO Complex Lodhi Road, New Delhi.
2. D.I.G. (Establishment) DTE, CRPF, CGO Complex, Lodhi Road, New Delhi.
3. I.G., CRPF, Bihar Sector, Rajiv Nagar, Patna, Bihar.
4. Deputy Commandant (Adm), CRPF, Mokamaghat, Bihar. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Santosh Kumar, Advocate For the Respondents : Mr. S.D Sanjay, Addl. Soc. Gen. Mrs. Renuka Sharma, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 07-09-2017 The present writ petition has been filed for quashing the transfer order No. T.IX-12/2015 EC-I dated 01.09.2015 whereby and whereunder petitioner has been transferred to Chakradharpur, Jharkhand from Mokamaghat, Bihar; and further respondent be directed to transfer the petitioner to any static/peace place.
2. At the outset, learned counsel for the petitioner states that during the pendency of the writ petition, the petitioner has now been transferred to 95 Bn, CRPF, Varanasi from 60 Bn, CRPF, Chakradharpur but however no facilities of accommodation have been provided to the petitioner and the grievance with regard to his difficulty in looking after his differently abled daughter remains to be redressed.
Patna High Court CWJC No.4481 of 2017 dt.07-09-2017 2/3
3. Learned counsel for the petitioner relies on the observations of the Hon'ble High Court of Delhi made in the order dated 27.07.2016 passed in W.P. (C) 1133/2016 (Annexure-4).
4. Mr. S.D. Sanjay, learned Additional Solicitor General, appears and submits with reference to the counter affidavit that the case of the petitioner was duly taken up on compassionate consideration and was accordingly transferred to Varanasi being a peace location on the basis of the application submitted by the petitioner's wife Smt. Sadhana Devi.
5. Having heard learned counsel for the parties and on careful consideration of the materials available record, this Court finds that the prayer made in the writ petition has now become infructuous as the petitioner has since been transferred from Chakradharpur to Varanasi. The petitioner has not filed any application for amendment of the prayer. It would also appear that the only grievance of the petitioner remains with regard to the accommodation not having been provided in order to facilitate the family life at Varanasi.
6. In the above view of the matter, the writ petition stands disposed of granting liberty to the petitioner to file appropriate representation before the concerned authority for redressal of his grievances. If any such representation is filed before the concerned authorities within a period of two weeks from today, the same shall be considered on its own merits and disposed of in accordance with law
Patna High Court CWJC No.4481 of 2017 dt.07-09-2017 3/3 expeditiously and in any event preferably within a period of three months thereafter.
(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 11.09.2017 Transmission Date N.A.