IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manmeet Pritam Singh Arora, JJ.
Inder Veer Singh – Appellant
Versus
Director General Cisf & Ors. – Respondents
W.P.(C) 4134 of 2023 & CM APPL. 15999-16001 of 2023
Decided On : 05-04-2023
Mandamus - Transfer of CISF personnel - Policy guidelines for posting aged personnel in Airport Sector Units
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondent to post him in his home sector units, quash the transfer order, and follow policy guidelines for posting aged CISF personnel in Airport Sector Units.
Finding of the Court:
The court directed the respondents to decide the petitioner's representation within four weeks and stay the transfer order until then.
Issues: Transfer of CISF personnel, adherence to policy guidelines, premature stage of the petition
Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioner's representation and communicate the decision with reasoned order.
Final Decision: The court disposed of the petition with directions for the respondents to decide the representation and stay the transfer order until then.
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to post the petitioner in his home sector units at any other NCR Units in terms of the circular dated 25.9.2017 as he is now in his fourth tenure of posting.
b) Quash and set aside the order titled as SERVICE ORDER PART-I NO. 33 / 2023 dated 12.3.2023, and APS HQRS SERVICE ORDER Part-I NO. 03 /2023. dated 22.3.2023, qua the petitioner, wherein petitioner has been transferred from the present Unit of DMRC Delhi to ASG Bangalore after ignoring his entitlement to remain at any of the Home Sector Units.
c) Direct the respondent to follow their policy guidelines while posting aged CISF personnel in Airport Sector Units.
d) Direct the respondents to pay cost of this litigation to the petitioner.
2. Learned counsel for respondents, who is appearing on advance notice, has informed this Court that petitioner made a representation dated 24.03.2023 which is pending before respondents for consideration. Thus, the present petition is at pre-mature stage.
3. In view of above, we hereby direct the respondents to decide the abovementioned representation filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.
4. Until the representation dated 24.03.2023 is decided by the respondents, the transfer order dated 22.03.2023 qua petitioner shall remain stayed.
5. With the aforesaid directions, the present petition is disposed of.
6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
The main legal point established in the judgment is that the operational and administrative necessities of the Force, as outlined in Circular No. 22/2017, govern the posting and transfer decisions of....
The court mandated timely and reasoned responses to administrative representations, reinforcing procedural fairness in employment-related assignments.
The court emphasized the importance of timely decision-making by the respondents and granted relief to the petitioner by staying the movement order pending the decision on his representation.
The court's emphasis on the need for timely decision-making and communication of reasoned orders in response to representations made by petitioners seeking relief through writ of mandamus.
The court emphasized the principle of mandamus and directed the respondents to decide the petitioner's representation within a specific timeline.
The court affirmed the requirement to adhere to service policy in employee transfers, especially for those nearing retirement, highlighting the obligation to consider employee requests.
The court emphasized the importance of the respondents deciding the petitioner's representation and communicating the decision with a reasoned order, in line with the petitioner's request for retenti....
Timely decision on representations and communication of reasoned orders by the respondents.
The court emphasized the importance of the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
Authorities must decide representations timely and fairly, adhering to principles of administrative justice.
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