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MANMOHAN, ASHA MENON
Nidhi Malik – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
C.M.No.34066/2020
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.10874/2020
1. Present writ petition has been filed with the following prayer:
"1. Allow the present Petition and pass an appropriate writ, order or direction to set aside the Impugned Order dated 01.12.2020 passed by the Ld. Central Administrative, Principal bench, New Delhi in MA/100/2252/2020;
2. Consequently, direct that the prayer (s) made in the Original Application of the Petitioner as filed before the Ld. CAT, Principal bench, New Delhi be allowed;
3. Consequently, direct the Respondent no. 1 to grant No objection/approval to the Petitioner for transfer of her cadre from West Bengal cadre to AGMUT Cadre and accordingly direct for passing of relieving orders in favour of the petitioner in a time bound manner;
4. Any other relief which this Hon'ble Court may deem fit in the interest of justice."
2. However, after some arguments, learned counsel for petitioner confines his prayer to prayer (ii) made in the OA filed along with M.A. No. 100/2252/2020. The said prayer clause is repro
Dismissal of original application on the ground of limitation does not prevent the disposal of the petitioner's second representation.
Judicial oversight ensures administrative delays do not impede new transfer requests, allowing prompt decisions on applications submitted within justifiable timelines.
The court emphasized the necessity for the State to comply with established precedents regarding cadre transfers, mandating the issuance of a No Objection Certificate for the respondent.
Judicial orders must be complied with promptly by government departments to maintain the rule of law; failure to comply may constitute contempt, allowing courts to enforce compliance through conseque....
Point of Law : when an order made for the benefit of a party is disregarded or violated and the Court enforces the order by punishing the delinquent for contempt, it is said that such proceedings is ....
Timely decision-making by the respondents on the petitioner's representation and conditions for satisfaction of the petitioner's grievance are crucial in service transfer matters.
The court emphasized the importance of following the directions given by the Tribunal and the obligation of the respondents to consider the grievance as per the guidelines and in accordance with the ....
Prompt decision on representation and communication of reasoned order by the respondents.
Court requires substantiated grounds for denying inter-cadre transfer requests based on officer shortages, aligning with administrative rules.
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