THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE D.APPA RAO WRIT APPEAL NO.154 of 2006 15th February 2006 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 06.01.2006 in W.P.NO.307 OF 2006 on the file of the High Court.) Between: M.Anthony, HC/TP S/o Krishnan, r/o B-28, Type-2, Spl.Group Centre, Central Reserve Police Force, Chandrayanagutta, Hyderabad-5. ...APPELLANT AND 1. The Inspector General of Police, (Provisional/ Communications) Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi. And two others. ...RESPONDENTS THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE D.APPA RAO WRIT APPEAL NO.154 OF 2006 JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides. At their request, the Writ Appeal itself is taken up for disposal at the admission stage. The unsuccessful writ petitioner filed this Writ Appeal, inter alia, seeking to assail the dismissal order dated 06.01.2006 in Writ Petition No.307 of 2006, which was filed seeking declaration of the proceedings of the third respondent in No.T-IX-3/05- ADM-2 SIG BN dated 17.08.2005 as illegal and arbitrary where under he was transferred to Nizamabad. The main point on which the Writ Petition is based is that the petitioner is suffering with Hepatitis-B disease and undergoing treatment at Nizam’s Institute of Medical Sciences (NIMS), Hyderabad. The question of transfer at this juncture is wholly sustainable. The learned Single Judge, taking note of all these aspects in regard to the place to which he was transferred, dismissed the Writ Petition leaving it open to the petitioner to make appropriate representation, which would be considered. The learned counsel appearing for the appellant submitted that after dismissal of the Writ Petition, the petitioner joined duty on 17.01.2006 at Nizamabad. Subsequently, he availed leave and got admitted in NIMS where he was advised that he has to undergo treatment for another one year. Having regard to the restriction in regard to the food and water, it is not possible for him to go to Nizamabad and discharge his duties. It is further submitted that he has submitted a representation along with the Medical Certificate but the same was not considered. The learned counsel appearing on behalf of the respondents submitted that the representation of the petitioner was referred to higher authorities i.e., the first respondent and the same is under consideration. Having considered the submissions made on either side and on perusal of the material available on record, especially in view of the fact that the petitioner’s representation is pending consideration and he has already joined duty at Nizamabad, the matter need not be kept pending. It would suffice in the interest of justice to dispose of the said representation within a period of four (4) weeks from today and pass orders in accordance with law. It is needless to mention that till the disposal of the said representation, the petitioner shall not be disturbed from the quarter where he is residing at Hyderabad. With the above observations, the Writ Appeal is disposed of. No costs. _________________ (B.PRAKASH RAO, J) _____________ (D.APPA RAO, J) 15th February 2006 Note: CC in three days B/O RRB