Court No. - 36
Case :- WRIT - A No. - 10869 of 2018 Petitioner :- Bharat Kumar Rathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Pandey,Deelip Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Under the annual chain of transfer, the petitioner has been transferred from Gautam Budh Nagar to Kanpur Zone. The transfer order is being challenged on the ground that the petitioner is suffering from heart disease and his treatment is going in the Fortis Hospital, Noida.
A report of Angiography dated 31.1.2017 has been placed before the Court to substantiate his submission made in the writ petition.
Dealing with the grounds taken for challenging the transfer order, this Court is of the view that the submission of suffering of the petitioner from the heart disease is not substantiated from the record inasmuch the medical report is of the year 2017. It has not been disclosed as to what treatment the petitioner had undergone for the last one year and as on date what is his medical condition.
In view of the said fact, this Court does not find any justification to interfere.
However, it is directed that the petitioner shall first join at the place of posting and then he may move a representation before the competent authority.
In case, such an application is moved, the competent authority shall consider the same in accordance with law.
Disposed of.
Order Date :- 30.4.2018 Brijesh