Vijay Chandra vs State of Uttarakhand and Others

Sudhanshu Dhulia, J.—Heard Mr. D.S. Mehta, Advocate holding brief of Mr. M.C. Pant, Advocate for the Petitioner and Mr. N.P. Sah Standing Counsel for the Respondents.

The Petitioner, who is a Police Constable in the State of Uttarakhand is aggrieved by his transfer from Dehradun to Chamoli. The grounds for challenge of the impugned transfer order dated 7.4.2011 are primarily that the only child of the Petitioner aged about 16 years is mentally challenged and needs proper care, regular medical care and treatment which is only possible in Dehradun. The Petitioner is also invoking the policy dated 27.6.2006 of the State Government (Annexure 5 to the writ petition) in his favor, wherein guideline has been given which states that the transfer of such government servant whose children are mentally challenged should be made on such place where the medical facilities for taking care of such mentally challenged person is available.

Apart from this, the parliament in the year 1996 had enacted an Act known as "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" where the objects and reasons of the said Act, inter alia, suggest that the physically and mentally challenged child should live in an environment which is conducive to the upbringing and growth of such child.

As such, it is a case where a limited interference needs to be made by this Court. Since there are special circumstances pertaining to this case, the Director General of Police, Uttarakhand is hereby directed to look into this matter and if he comes to the conclusion that there is a disability as alleged he may consider adjusting the Petitioner in Dehradun or in a nearby district.

With the aforesaid observation and direction, the writ petition is disposed of.

Till the Director General of Police, Uttarakhand takes a decision on this, it is made clear that effect and operation of the impugned order dated 7.4.2011 shall remain in abeyance.