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SURESH KUMAR KAIT, MINI PUSHKARNA
Sasi Kumar P. – Appellant
Versus
Union of India Through Secretary – Respondent
JUDGMENT (Oral)
1. The present petition has been filed by the petitioner seeking setting aside of the order dated 20.09.2022 and 20.12.2022 passed by respondents and to issue a writ of mandamus directing the respondents to give him last leg posting as per Para-61 of chapter XXIV of Record Office Instruction.
2. Counsel appearing on behalf of the petitioner submits that the petitioner had made a representation dated 30.08.2022 for his transfer to the respondents, however, the same has not been placed before the Competent Authority, which amounts to rejection of his representation.
3. Counsel appearing on behalf of the respondents on advance notice submits that various representations have been made by his wife approaching the respondents through VIPS, therefore, vide order dated 28.02.2023 the competent authority has taken the decision to take necessary action under CCS CCA Rules 1965 against the petitioner through unit concerned for bringing the outside influence in the service matter.
4. The case of petitioner is that similarly situated personnel, namely, Suresh K.N. who was posted in the respondent-department on 08.08.2021 and made a request for transfer on 26.04.2022; his re
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
When parties concur, the court may direct administrative bodies to dispose of pending representations in accordance with applicable government orders without delving into the underlying merits of the....
The court emphasized the importance of following policy guidelines and providing reasoned decisions in matters related to the transfer of CISF personnel.
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
Courts may decline to interfere with transfer matters made in exigency of service, unless they are mala fide, punitive, or based on extraneous circumstances.
The court emphasized the consideration of humanitarian grounds in decision-making and the need for a reasoned order within a specified timeframe.
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision within a specified timeframe.
The court emphasized that transfer orders should not be interfered with unless they are shown to be vitiated by malafide or made in violation of any statutory provision or issued by an incompetent pe....
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