V. Suryanarayana v. The Union Of India

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.10788 of 2016 ORDER:

Heard Sri M.Srikanth, learned counsel for the petitioner and Sri B.Narayana Reddy, learned Assistant Solicitor General appearing for the Respondents, apart from perusing the material available before the Court.

2. The order of transfer vide Service Order No.117 of 2016 dated 12.2.2016 passed by the 3rd respondent-Assistant Inspector General is under challenge in the present Writ Petition.

3. According to the petitioner, immediately after receipt of the impugned order, he submitted a representation on 4.3.2016, wherein he stated that he is suffering from heart disease (Cardio Thoracic Surgery) Shape-V and he underwent double valve replacement operation at Care Hospital, Hyderabad on 14.8.2015 and taking continuous treatment from the said hospital. According to the learned counsel for the petitioner, after submission of this representation, personal hearing was also given by the 2nd respondent-Director General on 4.3.2016 and no action has been taken pursuant to the said personal hearing.

4. It is also submitted by the learned counsel for the petitioner that in view of health condition of the petitioner herein, if he is asked to proceed to Mumbai by way of impugned transfer order, the petitioner would be put to lot of inconvenience and hardship.

5. On instructions, it is submitted by the learned Assistant Solicitor General that no movement orders have been passed so far by the respondents.

6. Having regard to the facts and circumstances of the case and the nature of controversy, this Court is of the view that ends of justice would

be met if the 2nd respondent-Director General is directed to take appropriate action on the representation dated 4.3.2016 submitted by the petitioner herein.

7. For the aforesaid reasons, the Writ Petition is disposed of, directing the 2nd respondent to pass appropriate orders on the representation dated 4.3.2016 submitted by the petitioner as expeditiously as possible. Till the same is disposed of, status quo as on today shall be maintained with regard to the status of the petitioner. As a sequel, the miscellaneous petitions, if any, stand closed. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date: 31.3.2016 Note:

Issue C.C. today.

B/o DA THE HON'BLE SRI JUSTICE A.V.SESHA SAI

W.P.No.10788 of 2016 31.3.2016 DA