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Allahabad High Court directs MHA to reconsider transfer order of disabled Special Investigation Branch officer

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The Allahabad High Court has directed the Joint Deputy Director of Special Investigation Branch (SIB) under the Ministry of Home Affairs (MHA), Government of India, Varanasi to consider the representation of the petitioner and pass a fresh order on the request made by the petitioner, within a period of two weeks from the date of production of a copy of the order.

A Single Bench of Justice Pankaj Bhatia passed this order on August 26, while hearing a petition filed by Bhanu Pratap Agrahari.

The petition challenged the transfer order dated July 5, 2021, whereby the petitioner has been transferred from the present place of posting at Gorakhpur to Control Room (SIB Headquarters, Varanasi).

The contention of the Counsel for the petitioner is that he was initially appointed as a Junior Intelligence Officer under the Intelligence Bureau, New Delhi and was posted in Jammu & Kashmir, where he suffered from Ankylosing Spondylitis and was issued a disability certificate, declaring his disability as 50 percent permanent disability.

In consideration of the said disability, which the petitioner suffered while serving in Jammu & Kashmir, the petitioner was transferred to his home district Gorakhpur in 2015 and since then, he is living at Gorakhpur.

It was argued that on account of disability suffered by the petitioner, he required permanent assistance.

The Court noted, “It is also on record that subsequently, the petitioner has also suffered a paralysis attack in January, 2020 and the petitioner is due to retire within five years. By means of a general order dated July 5, 2021, five persons were transferred.

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“Aggrieved against the said order, the petitioner preferred a representation seeking recall of his transfer and prayed that he may be permitted to continue at Gorakhpur, in view of the medical suggestions to the petitioner.

“There appears to be no consideration to the said representation of the petitioner by the respondents and by means of an order dated August 10, 2021, the petitioner has been asked to be relieved from his duties at Gorakhpur on August 31, 2021.

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“Considering the disability and paralysis attack suffered by the petitioner, which on the face of it is very serious and reflects the poor medical stage of the petitioner, I dispose of the writ petition with a direction upon the Joint Deputy Director, SIB (MHA) Government of India, Varanasi to consider the representation of the petitioner dated July 6, 2021 and pass a fresh order on the request made by the petitioner, within a period of two weeks from the date of production of a copy of the order.

“For a period of two weeks or till the decision of the representation, whichever is earlier, the petitioner shall not be relieved from the present place of posting at Gorakhpur,” the Court ordered.

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