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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tushar Rao Gedela, JJ.
NB Sub/Skt Chandra Prakash JC-314523h – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 2659 of 2023 & CM. APPL. 10245-46 of 2023
Decided On : 02-03-2023
Concealment of Facts - Posting Order - The court dismissed the petition seeking quashing of a posting order and maintenance of status quo due to the petitioner's concealment of the fact that a similar petition had been dismissed by another court.
Fact of the Case:
The petitioner sought quashing of a posting order and maintenance of status quo, but it was revealed that a similar petition had been dismissed by another court due to the petitioner's concealment of this fact.
Finding of the Court:
The court dismissed the present petition due to the petitioner's concealment of the fact that a similar petition had been dismissed by another court.
Issues: Concealment of facts, quashing of posting order, maintenance of status quo
Ratio Decidendi: The petitioner's concealment of the fact that a similar petition had been dismissed by another court influenced the court's decision to dismiss the present petition.
Final Decision: The present petition seeking quashing of the posting order and maintenance of status quo is dismissed.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking quashing of the posting order No.C/JC/TO/SKT/01/2022 dated 02.03.2022 hereby cancellation of posting of the petitioner from GE (West) Mathura to 20 Engineer regiment; directions to the respondents to defer the posting of petitioner from GE (West) Mathura to 20 Engineer Regiment till the completion of his tenure in Mathura posting and to maintain the status quo of the posting of petitioner till the pendency of the present writ petition.
2. Mr. Sanjay Kumar, learned Senior Panel Counsel for respondents, who is appearing on advance notice, submits that for the aforesaid relief(s) petitioner also preferred a Petition, i.e. Writ-A. No.1039/2023 before the High Court of Judicature at Allahabad, however, the same was dismissed. Learned Senior Panel Counsel further submits that since the aforesaid fact has not been disclosed by the petitioner in the present petition therefore heavy costs may be imposed upon the petitioner.
3. A perusal of the order dated 13.02.2023 passed in Writ- A-1039/2023 shows that the said petition was preferred by the petitioner for the same relief(s) as is sought by him vide the present petition, which affirms that the petitioner has concealed the aforesaid fact in his petition. Though the act of petitioner is liable for imposing heavy costs upon him, however, in the interest of justice, we refrain from doing so.
4. In view of above, the present petition is dismissed.
5. Pending applications also stand dismissed.
Concealment of material facts can impact the court's decision and may lead to the dismissal of a petition.
Discretionary power of competent authority in transfer orders is not to be interfered with unless shown to be arbitrary or mala fide.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The court balanced the petitioner's family health issues and impending retirement with the concession granted for seeking a terminal posting, in deciding not to interfere with the posting order.
Court directs empathetic consideration of CRPF personnel's posting request for family reasons before voluntary retirement.
The court emphasized the importance of timely decision-making and communication of reasoned orders by the respondents in response to the petitioner's representation.
Courts generally do not interfere with departmental transfer orders, as they are incidents of service; however, the court may direct the competent authority to consider an employee's representation r....
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