Uttarakhand High Court
WPSS/1945/2013 of Gaya Prasad Vs State Of Uttarakhand AND OTHERS on 31 December 2013
COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1945 of 2013(S/S) Gaya Prasad ……Petitioner Versus State of Uttarakhand and others ......….Respondents. Present: Mr. Vinod Tiwari, Advocate for the petitioner. Mr. Subhash Upadhyay, Standing Counsel for the State of
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1945 of 2013(S/S)
Gaya Prasad
Versus
……Petitioner
State of Uttarakhand and others
......….Respondents.
Present: Mr. Vinod Tiwari, Advocate for the petitioner. Mr. Subhash Upadhyay, Standing Counsel for the State of Uttarakhand.
Hon’ble Alok Singh, J (Oral).
Present petition is filed challenging the transfer order dated 30.11.2013 transferring the petitioner from Block Beironkhal to Block Koat. Learned counsel for the petitioner submits that petitioner is suffering from heart ailment and there is no medical facility near Koat and petitioner is under treatment of Sushila Tiwari Medical Hospital, Haldwani, therefore petitioner may be accommodated nearby Sushila Tiwari Hospital so that he may get proper treatment.
Mr. Subhash Upadhyay, learned Standing Counsel appearing for the State submits that let petitioner give joining on the transferred place within next two weeks and thereafter he may appear before the Chief Medical Officer, Dehradun for medical checkup. Chief Medical Officer, Dehradun shall constitute a Medical Board and the Board shall examine the petitioner and give report about the health condition of the petitioner. If in the opinion of Medical Board, petitioner is suffering from serious heart ailment and his health shall be at risk at Koat, petitioner may move fresh representation annexing therewith opinion of the Medical Board, whereupon decision shall be taken by the respondents within next two weeks and decision so taken shall be communicated to the petitioner.
Having heard learned counsel for the parties, present petition stands disposed of with the direction that petitioner shall give joining pursuant to the impugned transfer order on or before 10.1.2014 and thereafter shall appear before the Chief Medical Officer, Dehradun on or before 20.1.2014. Chief Medical Officer, Dehradun shall constitute a Medical Board consisting of three senior doctors including one cardiologist. Medical Board shall examine the petitioner and shall give opinion about medical condition of the petitioner and shall also opine as to whether treatment of the petitioner would be possible at Koat. Thereafter, petitioner may move fresh representation as per the opinion of Medical Board, whereupon appropriate decision in accordance with law shall be taken by the respondents and decision so taken shall be communicated to the petitioner soon thereafter.
CLMA No. 13671 of 2013 also stands disposed of accordingly.
(Alok Singh, J.)
31.12. 2013
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