HIGHeeURTOF CHHATriSGARH AT BILASPUR Writ Petifion (S\ No. 6420 of 20)7 Petifioner Vuay Kumar Deshmukh. S/o Shri Basant Dau, 40yrs, Constabto Posted at Polics Headquarters, Raipur (C.G.) Versus Respondents 1. State of ChhatBsgarh, Through : The Secrefary, Home Department, Manfralaya, Raipur (CG) 2. The Addl. D.G.P. (Adm.-2), Police Headquarters, Raipur (C.G.) WRST PETITOIN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Single Bench : Hon'bte Mr. Satish K. Agnlhotri, J. Shri Prafull Bharat, Advocate forthe petftioner. Shri Arvind Dubey, Panel Lawyer for ttie respondents. OR/U.ORDER (Passed on this 15th day of January, 2008) Leamed counset appearing for the petifioner submits that ttie petitioner is posted as Constabte at police headquarter, Raipur. By order dated 10.9.2007 (Annexure P/6) the petitioner has been fransferred to Beejapur. He ftirther submits ttiat the respondents have auftority to post the petitioner anyvrfiere and he is willing to perform duties anywhere in the State. However, on aceount of the health problem, ttie petMoner should be posted near Bhitai, so that he can have benefit of medicat assistance. He further submits that the petitioner is suffering from skiagram dorsal disease, commonly known as tuberculosis. it is settled law that Uie Court should restrain itself from interfertng with {he transfer, except in the cases of maiafide exercise of powers, tack of competence of the officer«passing the order and violation of the rules and regulations. In Ae facts of ttie present case, it Is necessary that the 3. 4. 5. Thakur - T- ofiicer concerned should examine the matter and pass approprtete order, so ttiat ttie pefitioner cannot be deprived of the medteal assistance, as required to save his life. Leamed counsel appearing for the respondents^tete has no objection. The petitioner is accordingly permittBd to make a detaited representafion before the concemed authorify, pointing out Ws dffficulty, if so advised. In ttie event, e representation is filed, the concemed authority/Respondent No.2 Is dirwted to consider and decide the case of 8ie peft'fioner, in accordance w \ law, sympathefcally, as eariy as possibie, preferably wBiin a period <rf three weeks from ttie dats of receipt ofthe representation. The petiti'on is accordingly disposed of, with the above liberty, No order asto costs. Sd/- Satish K.Agnihotri Judge