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2023 Supreme(Del) 1295

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Hoshiar Singh – Appellant
Versus
Director General, Central Industrial Security Force & Ors. – Respondents
W.P.(C) 5218 of 2023 & CM Appls. 20389 of 2023, 20390 of 2023, 20391 of 2023
Decided On : 25-04-2023

Advocates appeared:
Ms. P. Sureshan, Advocate, for the Petitioner.
Mr. Gaurav Sharma, Senior Panel Counsel, Mr. Hilal Haider, Mr. Deepak Tanwar, Govt. Pleaders, Mr. Siddhartha Nagpal, Mr. Vishal Ranjan, Mr. Gaurav Mishra & Mr. Tarun, Advocates, for the UOI, Insp. Sanjay Kumar, CISF.

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.

Headnote:

Mandamus - Transfer of CISF Personnel - The court directed the respondent to decide the petitioner's representation and communicate the decision with a reasoned order within a specified timeline.

Fact of the Case:

The petitioner sought a writ of mandamus to retain him at a specific CISF unit and to quash the transfer orders. The petitioner's representation regarding the reliefs had not been decided by the respondents.

Finding of the Court:

The court directed the respondents to decide the petitioner's representation and communicate the decision within a specified timeline, with the option for the petitioner to challenge the decision before the appropriate forum if still aggrieved.

Issues: Transfer of CISF personnel, delay in deciding representation, relief sought through writ of mandamus

Ratio Decidendi: The court emphasized the need for the respondents to decide the petitioner's representation and communicate the decision within a specified timeline, ensuring a reasoned order.

Final Decision: The court disposed of the petition with directions for the respondents to decide the petitioner's representation and communicate the decision within a specified timeline, allowing the petitioner to challenge the decision before the appropriate forum if still aggrieved.

JUDGMENT (Oral)

1. Vide the present petition, the petitioner is seeking following reliefs:

    "a.) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to retain the petitioner at any CISF units of North Sector only at his fourth service tenure in terms of the circular dated 25.9.2017;

    b.) Quash and set aside the orders, qua petitioner, dated 24.3.2023,1.4.2023 and consequential order dated 14.4.2023 wherein petitioner has been transferred from the present Unit of IGI Airport New Delhi to CISF Unit JNPA, SHEVA, Navi Mumbai;

    c.) Direct the respondents to pay cost of this litigation to the petitioner."

2. Learned counsel for the petitioner submits that for the aforesaid reliefs, the petitioner has made a Representation dated 26.03.2023, however, the same has not yet been decided by the respondents till date.

3. Learned counsel for the respondents appearing on advance notice has assured this Court that the aforesaid Representation dated 26.03.2023 shall be decided at the earliest.

4. In view of the above, we hereby direct the respondents to decide the aforementioned Representation dated 26.03.2023 of the petitioner on or before 28.04.2023 and communicate the decision thereof to the petitioner within two days thereafter with a reasoned order.

5. With the aforesaid directions, the present petition along with pending applications is disposed of.

6. Needless to state that if the petitioner is still aggrieved by the decision of the respondents on his representation, he may challenge the same before the appropriate forum.

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