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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tara Vitasta Ganju, JJ.
Satish Kumar Linda – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 4870 of 2023
Decided On : 18-04-2023
Transfer - Service Matter - The court directed the respondents to decide on the petitioner's representation within two weeks and communicate the decision with a reasoned order. The court also stayed the transfer order pending the decision on the representation and clarified that if the transfer is changed to a specific location, the petitioner's grievance would be satisfied.
Fact of the Case:
The petitioner sought to quash/set-aside a transfer order and requested to continue in the current unit until completion of 3 years as per standing order no. 04/2014. The respondents informed the court that the petitioner's representation for relief is pending consideration.
Finding of the Court:
The court directed the respondents to decide on the petitioner's representation within a specified timeframe, stayed the transfer order, and clarified the conditions under which the petitioner's grievance would be satisfied.
Issues: Transfer order, Representation of relief, Stay of transfer, Satisfaction of petitioner's grievance
Ratio Decidendi: The court emphasized the importance of timely decision-making by the respondents on the petitioner's representation and provided conditions under which the petitioner's grievance would be considered satisfied.
Final Decision: The court disposed of the petition with directions for the respondents to decide on the petitioner's representation within a specified timeframe, stay the transfer order, and clarify the conditions under which the petitioner's grievance would be satisfied.
JUDGMENT (Oral)
CM APPL.18849/2023 (exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 4870/2023 & CM APPL.18848/2023
3. Vide the present petition, petitioners pray as under:
a. To quash/set-aside the impugned order dated 12.04.2023 issued by the respondents whereby the petitioner has been transferred from GC, CRPF, Kathgodam to O/O IG (Ops) Jorhat;
a. to allow the petitioner to continue in his present unit GC, CRPF, Kathgodam till completion of 3 years as per standing order no.04/2014;
4. Notice issued.
5. Mr. Shoumendu Mukherji, learned Senior Panel Counsel enters appearance on behalf of the respondents and has informed this Court that petitioner made representation dated 13.04.2023 for the relief sought in the present petition and the same is pending consideration.
6. In view of above, we hereby direct the respondents to decide the abovementioned representation filed by the petitioner within two weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.
7. Needless to say, if the petitioners feel aggrieved by the decision of the respondents on their representation, they may approach the appropriate forum.
8. We hereby make it clear that the order dated 12.04.2023 shall remain stayed after two weeks of the decision to be taken by the respondents on the representation dated 13.04.2023.
9. We further make it clear that if the transfer of the petitioner is changed to IG (Ops), Jharkhand, then the grievance of the petitioner would be satisfied.
10. With the aforesaid directions, the present petition is disposed of.
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.
Prompt decision on representation and communication of reasoned order by the respondents.
The court emphasized the importance of passing a reasoned order on the petitioner's representation and providing specific relief to the petitioner.
The court maintains the authority to review administrative orders and allow fresh petitions when previous orders are cancelled, emphasizing the orderly conduct of procedural fairness.
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
Assurance from respondents regarding no action against petitioner due to premature transfer influenced the court's decision.
The court emphasized the importance of a reasoned order and specified a timeframe for communicating the decision on the petitioner's representation.
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
The court emphasized the importance of communication from the respondents and provided the petitioner with the option to challenge the decision if aggrieved.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
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