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2025 DAILYLAW 13131 (GAU)

H ATOMBA SHARMA v. THE UNION OF INDIA AND OTHRS

WP(C)/2842/2025 · 2025-06-25

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010112732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2842/2025 H ATOMBA SHARMA S/O LATE H. BROJO BIHARI SHARMA R/O CISF UNIT IOC, GUWAHATI PEFNERY PO AND P.S NOONMATI GUWAHATI, ASSAM VERSUS THE UNION OF INDIA AND OTHRS REP. BY THE DIRECTOR GENERAL OF CENTRAL INDUSTRIAL SECURITY FORCE, BLOCK NO-13, CGO COMPLEX, LODHI ROAD, NEW DELHI 2:THE INSPECTOR GENERAL (ESTT) CISF HQTRS NEW DELHI-03 3:THE DEPUTY COMMANDANT CISF UNIT IOC GUWAHATI ASSA Advocate for the Petitioner : MR. S. K. CHAKMA, MR. S K DEORI Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 26-06-2025 Page No.# 2/3 Heard Mr. S.K. Deuri, learned counsel for the writ petitioner. Perused the averments made in the writ petition. In the present petition, the second transfer order dated 22-05-2025 qua the writ petitioner transferring him from Guwahati and posting him at FBP, Farakka, has been assailed on the ground that although this was his first choice of place of posting exercised by the petitioner, yet, after the transfer order was issued the petitioner could realise that adequate medical facility for administering the treatment of dialysis to his son suffering from chronic kidney disease was not available at Farakka. On such ground, the writ petitioner has approached this Court with a prayer to set aside the transfer order. Based on the order dated 20-06-2026 passed by this Court, Ms. A. Gayan, learned CGC has obtained written instruction. From the written instruction dated 25-06-2025 obtained by Ms. Gayan, it appears that the authorities are open to modifying the transfer order and give posting to the petitioner in any of the remaining 09 places of posting opted by the petitioner during AT-2025, based, however, on the availability of vacancy and as per merit, by taking note of the requirement of the petitioner wherein good medical facilities for undergoing dialysis treatment of his son is available. Mr. Deuri submits that his client would be satisfied if such action is initiated by the authorities. Ms. Gayan, learned CGC has also submitted that in terms of the written instruction, appropriate order modifying the original transfer order dated 22-05-2025 qua the petitioner will be issued by the competent authority. Page No.# 3/3 In view of the above and considering the consensus evolved at the Bar, by retaining the copy of the written instruction dated 25-06-2025 in the record of this case, this writ petition stands disposed of with a direction that the respondents may issue appropriate order, modifying the transfer order dated 22-05-2025 qua the petitioner, in terms of the projection made in the written instruction, as noted above. Till such time, appropriate order is issued, the petitioner shall be permitted to remain in the present place of posting at Guwahati. Writ petition stands closed. JUDGE Comparing Assistant