Smitha V. v. The Inspector Geneal, Cisf
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 WP(C).No. 21820 of 2015 (B) ---------------------------- PETITIONER:
------------------- SMITHA V., AGED 48 YEARS, D/O.VIJAYAKUMARI, KULATHINKARA, HOUSE MENUMKULAM, KAZHAKOOTTAM P.O., TRIVANDRUM PIN - 695 582.
BY ADVS.SRI.M.R.SUDHEENDRAN SRI.A.AFREEZAA KHAN RESPONDENTS:
-----------------------
1. THE INSPECTOR GENEAL, CENTRAL INDUSTRIAL SECURITY FORCE, SOUTH SECTOR, CHENNAI.
2. THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE, VIKRAM SARABHAI SPACE CENTRE, THUMPA, TRIVANDRUM. R1 & R2 BY SMT.O.M.SHALINA, CGSC SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.
21820 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE MEDICAL REPORTS OF THE PETITIONER DTD 28/3/2015 ISSUED FORM SUT HOSPTIAL P2:- TRUE COPY OF THE CERTIFICATE DTD 9/5/2015 ISSUED BY THE DOCTOR WHO IS TREATING THE PETITIONER AT SUT HOSPITAL, TRIVANDRUM P3:- TRUE COPY OF THE DISCHARGE SUMMERY OF THE PETITIONER ISSUED FROM SUT HOSPITAL, TRIVANDRUM P4:- TRUE COPY OF THE PRESCRIPTIONS ISSUED FROM THE SUT HOSPITAL DTD 3/6/2015 P5:- TRUE COPY OF THE PRESCRIPTIONS ISSUED FROM THE SUT HOSPITAL DTD 13/6/2015 P6:- TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DOCTOR OF SUT HOSPITAL P7:- TRUE COPY OF THE TREATMENT DETAILS AND MEDICAL REPORTS OF THE PETITIONERS FATHER, ISSUED FROM SUT HOSPITAL P8:- TRUE COPY OF THE REPRESENTATION DTD 9/5/2015 P9:- TRUE COPY OF THE TRANSFER ORDER DTD 23/6/2015 ISSUED BY THE FIRST RESPONDENT P10:- TRUE COPY OF THE REPRESENTATION DTD 4/7/2015 SUBMITTED BY THE PETITIONER RESPONDENT(S)' EXHIBITS --------------------------------------- R2(A) IG/SS HQRS.
CHENNAI LETTER NO.(6785) DATED 19.6.2015 //TRUE COPY// P.A.
K. VINOD CHANDRAN, J.
------------------------------------------ W.P.(C) No. 21820 of 2015 (B) ------------------------------------------ Dated this the 4th day of September, 2015
J U D G M E N T
The petitioner was continuing on medical leave from 6.3.2015, when she was transferred from her station at Thumba to I.S.A.C., Bangalore, by Ext.P9. The petitioner submitted an application before the transfer, which was considered, but however, rejected in Annexure R2(a). The transfer was made as per Ext.P9. The petitioner approached this Court and obtained an interim order. The petitioner, after her medical leave, joined the station at Thumba. The petitioner's contention is that she is unable to go on transfer because of her medical condition.
2.
The learned Central Government Standing Counsel, on instructions, submits that the petitioner's application, submitted after Ext.P9, was not through proper channel.
W.P.(C) No.21820/2015 -23.
In such circumstance, the petitioner, who joined the station at Thumba, shall submit an application through the 2nd respondent, which application shall be submitted before the 2nd respondent within a week from the date of receipt of a certified copy of this judgment along with all the medical records to disclose the genuineness of the claim. The 2nd respondent shall immediately transmit the same to the 1st respondent, who shall consider it within a period of one month from the date of receipt. The petitioner's transfer shall stand stayed till orders are passed by the 1st respondent, and after that the same shall depend on the orders passed by the 1st respondent.
Writ Petition disposed of.
Sd/- K.VINOD CHANDRAN, JUDGE jjj