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SURESH KUMAR KAIT, TUSHAR RAO GEDELA
NB Sub/Skt Chandra Prakash JC-314523h – Appellant
Versus
Union of India – Respondent
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
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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