C.SIMION Vs The Director General - Court Judgment

SooperKanoon Citationsooperkanoon.com/1433366
CourtChennai High Court
Decided OnMar-30-2026
Case NumberWP/11854/2026
JudgeHonourable Ms. Justice P.T. Asha
AppellantC.Simion
RespondentThe Director General
Excerpt:
in the high court of judicature at madrasdated: 30-03-2026coramthe hon'ble ms. justice p.t. asha and wmp nos.12945 & 12947 of 2026 c.simion s/o. c.chellappan, force no. 981160393 ct/ gd 77 battalion barrack, 77 battalion headquarters, special jail campus, poonamallee, chennai 56 ..petitioner(s) vs1. the director general, lodhi road, new delhi 110 003.2. the deputy inspector general of police (estt), office of the directorate general,3. the commandant, 77 battlion headquarters, special jail campus, poonamallee, chennai 56 ..respondent(s) page1 of 6this writ petition filed under article 226 of the constitution of india to issue a writ of certiorarified mandamus to call for the records relating to the impugned order of the second respondent in order no. 1424/ 2025- per- dte- p2da23- per- dg- snts dated 22.12.2025 and the consequential order of the second respondent in order no. 02/ 2026- per-dte-p2da23-per-dg dated 10.02.2026 and quash the same insofar as the petitioner is concerned and direct the respondents 1 and 2 to retain him in the present station itself, namely, chennai in the light of the orders passed by this hon’ble court in s.dakshinamurthy vs. the inspector general of police, southern sector, hyderabad in wa no. 1273/ 2017 dated 25.10.2017. for petitioner(s): mr. j.lakshminarayananfor respondent(s): mr. k.ramanamoorthy, spcorderthis writ petition has been filed to issue a writ of certiorarified mandamus, calling for the records relating to the impugned order passed by the second respondent in order no. 1424/ 2025- per- dte- p2da23- per- dg- snts dated 22.12.2025 and the consequential order in order no. 02/ 2026- per-dte-p2da23-per-dg dated 10.02.2026, quash the same and consequently direct the respondents 1 and 2 to retain the petitioner at chennai on medical grounds.page2 of 62. the case of the petitioner is that he joined the central reserve policeforce as a constable on 03.05.1998. while serving in the 28 th battalion at manipur on 01.10.2004, he sustained multiple bullet injuries in his left forearm and both thighs during an ambush by militants. thereafter, he was posted to the group centre, avadi, in the year 2008 on light duty. subsequently, he was declared permanently incapacitated for further service in crpf due to ‘bullet injury(left forearm) with fixed deformity’ by the medical board of composite hospital, crpf, avadi, on 11.04.2011 and was invalidated from service byorder dated 22.10.2011. challenging the same, the petitioner filedw.p.nos.24093 and 26614 of 2011, which were allowed by this court on 13.11.2013, pursuant to which, he was reinstated in service and posted to the group centre, avadi.3. in the year 2023, the petitioner was hospitalized and diagnosed withadvanced stage of liver cirrhosis (dcld), and was advised liver transplantation. in the review medical examination conducted by the competent authority, by opinion dated 05.12.2025, he was categorised under medical categories p3 and a2. page3 of 64. taking note of his medical conditions, the petitioner submitted arepresentation to the third respondent seeking retention at chennai, to enable him to undergo proper treatment, particularly in view of the summer chain transfer(sct). however, the second respondent by impugned order dated 22.12.2025, posted the petitioner to 33rd battalion located at doda district, jammu and kashmir. though his request for posting at avadi was forwarded tothe competent authority, the same was rejected by a cryptic consequential orderdated 10.02.2026.5. according to the petitioner, his case squarely falls under the rehabilitation policy as per standing order no.04/2011 dated 27.07.2011. hence, the present writ petition.6. heard the learned counsel appearing on either side and perused the materials available on record.7. considering the facts and circumstances of the case, the petitioner isdirected to submit a representation before the first respondent within a period of three(3) weeks from the date of receipt of a copy of this order. on receipt of such representation, the first respondent shall consider the same and pass page4 of 6appropriate orders on merits and in accordance with law, after affording the petitioner an opportunity of personal hearing, within a period of six(6) weeks thereafter. till such time, the impugned transfer order shall not be given effect to. the first respondent shall bear in mind the medical condition of the petitioner and considering the representation with empathy.8. with the above directions, this writ petition is disposed of. no costs. consequently, connected miscellaneous petitions are closed. 30-03-2026 index: yes/nospeaking/non-speaking orderneutral citation: yes/no mrp to1. the director general2. the deputy inspector general of police (estt) office of the directorate general,3. the commandant 77 battlion headquarters, special jail campus, poonamallee, chennai 56 page5 of 6p.t.asha, j.mrp 30-03-2026 page6 of 6
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos.12945 & 12947 of 2026 C.Simion S/o. C.Chellappan, force No. 981160393 CT/ GD 77 Battalion Barrack, 77 Battalion Headquarters, Special Jail Campus, Poonamallee, Chennai 56 ..Petitioner(s) Vs

1. The Director General, Lodhi Road, New Delhi 110 003.

2. The Deputy Inspector General of Police (Estt), Office of the Directorate General,

3. The Commandant, 77 Battlion Headquarters, Special Jail Campus, Poonamallee, Chennai 56 ..Respondent(s) Page1 of 6

This writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records relating to the impugned order of the second respondent in Order No. 1424/ 2025- PER- DTE- P2DA23- PER- DG- SNTS dated 22.12.2025 and the consequential order of the second respondent in Order No. 02/ 2026- PER-DTE-P2DA23-PER-DG dated 10.02.2026 and quash the same insofar as the petitioner is concerned and direct the respondents 1 and 2 to retain him in the present station itself, namely, Chennai in the light of the orders passed by this Hon’ble court in S.Dakshinamurthy Vs. The Inspector General of Police, Southern Sector, Hyderabad in WA No. 1273/ 2017 dated 25.10.2017. For Petitioner(s): Mr. J.Lakshminarayanan

For Respondent(s): Mr. K.Ramanamoorthy, SPC

ORDER

This writ petition has been filed to issue a writ of certiorarified mandamus, calling for the records relating to the impugned order passed by the second respondent in Order No. 1424/ 2025- PER- DTE- P2DA23- PER- DG- SNTS dated 22.12.2025 and the consequential order in Order No. 02/ 2026- PER-DTE-P2DA23-PER-DG dated 10.02.2026, quash the same and consequently direct the respondents 1 and 2 to retain the petitioner at Chennai on medical grounds.

Page2 of 6

2. The case of the petitioner is that he joined the Central Reserve Police

Force as a Constable on 03.05.1998. While serving in the 28 th Battalion at Manipur on 01.10.2004, he sustained multiple bullet injuries in his left forearm and both thighs during an ambush by militants. Thereafter, he was posted to the Group Centre, Avadi, in the year 2008 on light duty. Subsequently, he was declared permanently incapacitated for further service in CRPF due to ‘Bullet Injury(left forearm) with fixed deformity’ by the Medical Board of Composite Hospital, CRPF, Avadi, on 11.04.2011 and was invalidated from service by

order dated 22.10.2011. Challenging the same, the petitioner filed

W.P.nos.24093 and 26614 of 2011, which were allowed by this Court on 13.11.2013, pursuant to which, he was reinstated in service and posted to the Group Centre, Avadi.

3. In the year 2023, the petitioner was hospitalized and diagnosed with

advanced stage of liver cirrhosis (DCLD), and was advised liver transplantation. In the Review Medical Examination conducted by the competent authority, by opinion dated 05.12.2025, he was categorised under medical categories P3 and A2. Page3 of 6

4. Taking note of his medical conditions, the petitioner submitted a

representation to the third respondent seeking retention at Chennai, to enable him to undergo proper treatment, particularly in view of the Summer Chain Transfer(SCT). However, the second respondent by impugned order dated 22.12.2025, posted the petitioner to 33rd Battalion located at Doda District, Jammu and Kashmir. Though his request for posting at Avadi was forwarded to

the competent authority, the same was rejected by a cryptic consequential order

dated 10.02.2026.

5. According to the petitioner, his case squarely falls under the rehabilitation policy as per Standing Order No.04/2011 dated 27.07.2011. Hence, the present writ petition.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. Considering the facts and circumstances of the case, the petitioner is

directed to submit a representation before the first respondent within a period of three(3) weeks from the date of receipt of a copy of this order. On receipt of such representation, the first respondent shall consider the same and pass Page4 of 6

appropriate orders on merits and in accordance with law, after affording the petitioner an opportunity of personal hearing, within a period of six(6) weeks thereafter. Till such time, the impugned transfer order shall not be given effect to. The first respondent shall bear in mind the medical condition of the petitioner and considering the representation with empathy.

8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 30-03-2026 Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No MRP To

1. The Director General

2. The Deputy Inspector General of Police (Estt) Office of the Directorate General,

3. The Commandant 77 Battlion Headquarters, Special Jail Campus, Poonamallee, Chennai 56 Page5 of 6

P.T.ASHA, J.

MRP 30-03-2026 Page6 of 6