ITBP constable's plea against transfer to Ladakh rejected by Delhi HC after medical board finds wife not suffering from depression as claimed

The Delhi High Court dismissed a petition moved by a constable in the Indo Tibetan Border Police (ITBP), who challenged his transfer order on the ground that his wife his was suffering from depression (Mahendra Rana v. Union of India). .The Court arrived tha decision after going through medical reports of the wife which concluded that she was fit and leading a healthy life.."Court is of the opinion that the wife of the petitioner is neither depressed nor suffering from any mental health issue," a Bench of Justices Manmohan and Asha Menon said. .The Court, therefore, dismissed the plea of the petitioner and directed him to join the duty within one week. "The petitioner is directed to join his new place of posting as expeditiously as possible but not later than one week. In the event, the petitioner does not join the said posting, the respondents shall be at liberty to take appropriate action against the petitioner in accordance with law," the Court added. .The writ petition was filed by Mahendra Rana challenging his transfer order dated February 4, 2021. In challenging the transfer, he placed reliance upon the Office Memorandum dated October 8, 2018, which deals with the posting of government employees who have differently abled dependents..It was contended by him that in January 2020, his wife started showing symptoms of depression after giving birth to their son. Further, it was pointed out that he was the primary care giver of his minor son, as his wife was diagnosed with Post Partum Depression Personality disorder.The Court, therefore, directed a medical assessment of the wife and the medical board was told to submit its opinion on the same. The same was done and with the Board finding that "she is maintaining well and on current mental status examination no depressive feature noted."."Whatever general/physical examination and mental state assessment could be done while history taking by Board of Doctors comprising of two senior Psychiatrists is of the inference that she entered room voluntarily and took her seat comfortably. She was kempt and tidy, moderately built and nourished, conscious, cooperative, well oriented to time, place and person, eye to eye contact maintained, rapport established easily, memory intact, no formal thought disorders, speech coherent, relevant, volume and tone were normal," the medical board's report said..The petitioner, however, contended that the opinion of the medical board is contrary to the opinion rendered by private doctors whom the petitioner had consulted. But the Court rejected such intervention by the petitioner."Keeping in view the clear and categorical opinion of the Medical Board constituted by this Court and that too with the consent of the petitioner, this Court is of the opinion that the wife of the petitioner is neither depressed nor suffering from any mental health issue," the Court said.Further, the Court also said that the conclusion of the Medical Board as well as petitioner’s wife’s conduct of not reporting back to the Medical Board along with her candid statement “लद्दाख नह ींजाना, अभी बच्चा हैना साथ में, नोएडा मेंह रहनेदो" (I don't want to go to Ladakh, baby is also with us, allow us to stay in Noida) showed that petitioner was attempting to stall the transfer. .Accordingly, the petition was dismissed and the Court directed Rana to move to 37 Bn Leh, Ladakh in pursuance of the original transfer order issued by the respondents. .[Read Order]