1. V i .3 lt;f M^^ IN THE HIGH COURT OF CI-IHATTJSGARH AT BILASPUR WRJIT PETITION N0, 3>s 7 J7 2005 PETITIONER ^cr Sriiiiwas Verma S/oLateB.P.Verma u^ ^ ••^°*' .. ^l^ .^^" \v °?^^ ^' '^?e?about l4 yTa!s' ^ Working as ]-I(;ad Constable-786 D.C.R.B, Jagdalpur, Dist- Baster (C.G) ^ ^ RB:SPONDENTS S).^" Versiis 1. State of Chhattisgarh 'ltoough Secretary, DepEirtment OfHome (Police) Mantralaya D.K.S. Bhawan, Raipur (C.G) 2. Director General ofPolice Police HQ, Raipur (C.G) 3; Deputy Inspector General ofPolice (Adminstration), Police HQ :Raipur (C.O) 4. Inspector General ofPolice Baster Rarige Jagdalpur (C.G) 5. Superintendent ofPolice Jagdalpur, Baster (C.G) WRIT PETITION UNDERAm:ICLE 2:26/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A SUITADLE WRIT ORDER Of DIRECTION TQ DO JUSTICE IN THE MATTER, XI-HC-22 3:n^r^T f^TWW^T $b^icb^rf?(T 3^ r<ll<<l<rt^, ^Tnwt<e, I®l<ru^t^< t^lM5tCh —...u;.t:T::>.°:.3>A2^_ —- r W^TWV'""^^"9^'"^ W^ 200 ^ an^^i^^nw^n^T 10.8.2005. . , Shri H.S. Ahiuwalia, ieartied Shri Pankaj Shrivastav^ respondents cn advancecopy. I..A.No,6736/2005 •• This Is an application foi| on Board. Thls interim appiicat W.P.NQ.3575/20Q5 Heard Shri H.S. AhuJwaj Shri Pankaj Shrivastava, lea^ respondents on advance copy.l Learned counse! for th^ a Head Constabie in the Polict intheyear1996. After hls rec| therefore, he .requested'the which physica! exerdses woi|I condition, he was given the job|of! (A.nnexure P-2) and h.e was petitioner was.transferre'd frorjt which according to'iearned whlch no physicai exercise petitioner subrnlts that now, Police, Jagdalpur (Bastar) 27.7.2005 (Annexure P-1) by from DCRB,Jagdalpur to P.o|i submits that the health conditi4n Is not in a position to undejtake cM<4?<n41Ti ^iH<nT^te^<{^t^i< ^3rf^T3:TI^T counsel for the petitioner. , learned Pane! Lawyer for the State/ urgent hearing. The matter is taken up |on stands disposed of |a, learned counse! for the petitioner and ned P.L. who appears for the State/ petitioner submits that the petitioner is ;e Department. He met with an accident >very, his hea!th condition was not good, lepartment for giving him some job in !d not invoive. Lookjng to the heaith 'CourtMoharirvideorderdt.23.S.19S6 ^xempted from parade. Thereafter, the reserved iine to D.C.R.B, Jagdaipur for the petitioner is aEso a post in s involved. Learned counsei for the i!i of a sudden, the Superintendent of issued the impugned order dated i/hich the petltioner has been transferred ice Station Dhanora. Learned counsel of the petitioner Is stiii not good and he parade and able to do anyjiard ^) ! job| of cdunsel Nas 41. XI-HC-22 3TI^T^T R-licb3TI^T Sb*lI<=b^(T 3^ •^i^Kri^, ^TnwKo, (®i<nj<yy <TTOC?ITS^TTO 311^1 M51<!»» .^^•^lf. ^ 200 > 3n^r ^•wiw^i^a ».rL-- physical work. He further subi|nits any Police Station he shail hav| be given the physicai work, wl°|i present stage. He prays for qu.f Learned counsel for the betitioner difficuities the petitioner h| anfci 1p) Superintendent of Police pn 2] on the said representation. On the-other-hand iearrslec accident took p!ace in the year| documents to show the present be just and proper to pass any !n the present facts court, a condltional order ma^ Flrst of a!l, 1 direct the Superint^ representation (Annexure P-' possibie preferably within 30 d| copy of this order before him. representation, the Superintencjent the Medical Board.ofthe DistrJ the IViedical Board as to wh( parades and undertake any p^ opines that the petitioner is fit obey the order of transfer pas| Board gives some other opiniot) health conditjons, then the <hNld41Ti ^i^^T^te^it^-^K ^3Tf^T3n^T that if the petitioner is transferred to to appear in the parades and shaii a!so lch the petitioner may not sustain at the ishing ofthe order on these grounds, submits that showing ai! these is fiied representatlon before the '.7.2005, but no action has been taken rsled counsei for the State submits that the 1996 and the petitioner has not fiied any heaith condition, therefore, it would not )rderat this stage. circumstances, in the opinion of this be passed in favour of the petitioner. ^ndent of Poii'ce, Jagdalpurto decide the fi!ed by the petitioner as eariy as ^ys from the date of fiiing of the certified 1 aiso direct that before deciding the mcjent of Pplice, sha!! referthe petitionerto ^i and the opinion sha!! be sought from tther the petitioner is fit to appear In lysical exercises. Ifthe medical Board (o do those works then he shali have to >ed vide Annexure P-1. !f the Nedicai in favoyr ofthe petitioner regarding his SLberintendent of Police shall take these XI-HC-22 3TI^T^T f^TWW^T Sh^i<=b^rf?cT Rao { .^0 ^' ^. ^ 42 TS[ r<<i<ii<rtq, ^Tn^Kp, I®i<vti<yy STT^T ^^|ch Hl^dl SbHI<h^.y.:.e:..^.a£...^ ^ f^^< ^I^I^WIW^T .. ^ -< petitioner has not been relieved so far, (riod of 6 weeks from today, in the mean ipndertaken by the State authorities. order shai! be produced before the 3-with an application positively within a cbN?d4l^ ^l^^T^'te^^^K ^3Tf^T3TI^T facts into consideration and shjall do the needfu! on the representation ofthe petitioner. For the time being, if th^ he shaii not be reiieved for a p^ri while, above exercise shai! be Certified copy of this Superintendent of Poiice aionfa^ period of 10 days from today. C.C.be supplled bytom^rrow. With the aforesaid ofc^er^ations, this petitlon finaiiy stands disposed of. Consequently, M.W.P.3^07/05 also stands dlsposed of. Sd/- Sunil KumarSinha Judge (^^t)