CAT - ['Srinagar']

Administrative Inaction on Medical Transfer Representations Warrants Time-Bound Disposal While Maintaining Status Quo

Mohd Ashraf Bhat vs Forest Department

CAT - ['Srinagar']JUDGMENT: May 11, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, an FPF Guard in the Forest Protection Force, was deployed to the Wildlife Department (Achabal/Rajparian Wildlife Sanctuary) via an order dated 13.01.2026 for a three-month period

Source reference: para 01, 02

The applicant suffers from chronic medical ailments requiring continuous supervision and sought to continue at his current deployment on medical and humanitarian grounds

Source reference: para 02

He submitted representations to the authorities, but no formal decision was taken, leading to an apprehension of being shifted

Source reference: para 03

The applicant approached the Tribunal seeking a direction for the respondents to decide his representation

Source reference: para 04
02

Issues

1. Whether the respondents’ failure to decide the applicant’s representation regarding his place of deployment on medical grounds warrants judicial intervention

Source reference: para 01, 04

2. Whether the applicant is entitled to interim protection from relocation pending the consideration of his representation

Source reference: para 08
03

Law Applied

The court relied on the principles of administrative fairness and the constitutional guarantees under Articles 14 and 16 of the Constitution of India, which mandate that the State must act reasonably and non-arbitrarily in service matters

Source reference: para 03

The Tribunal applied the procedural rule of directing administrative authorities to consider and decide pending representations within a stipulated timeframe, ensuring that the "rules governing the field" and "applicable rules and regulations" regarding transfers and medical grounds are followed

Source reference: para 04, 06
04

Reasoning

The Tribunal noted that the applicant’s primary grievance was the "inaction" of the respondents in failing to address his medical situation

Source reference: para 01, 03

Without delving into the merits of the medical claims, the Tribunal observed that the applicant would be satisfied if the Original Application was treated as a fresh representation for the authorities to decide

Source reference: para 04

The court reasoned that since the applicant is nearing retirement (aged 59) and possesses an unblemished record, a time-bound administrative decision is necessary to prevent arbitrary relocation

Source reference: para 01, 03

By directing a "reasoned, detailed, and comprehensive" order, the Tribunal ensured that the executive exercises its discretion within the bounds of law while maintaining administrative exigency

Source reference: para 07, 08
05

Holding

The Tribunal disposed of the O.A. by directing the respondents to treat the application and annexed medical documents as a formal representation

The respondents were ordered to decide the plea within four weeks from the receipt of the order and communicate the reasoned decision within ten days thereafter

Source reference: para 07

Crucially, the Tribunal held that the applicant shall not be disturbed from his present place of deployment until the exercise is completed, provided there is no legal impediment or administrative exigency

Source reference: para 08

No order as to costs was made

Source reference: para 09
CAT - ['Srinagar']

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Mohd Ashraf BhatvsForest Department

CAT - ['Srinagar'] · May 11, 2026

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