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2023 Supreme(Del) 1296
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sukhdev Singh – Appellant
Versus
DG CISF & Ors. – Respondents
W.P.(C) 5233 of 2023 & CM Appls. 20423 of 2023, 20424 of 2023
Decided On : 25-04-2023
Important Points
Subject
Administrative Law - Mandamus
Headnote
Mandamus - Transfer of CISF Personnel - The court directed the respondents 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 quash the transfer orders. The petitioner's representation 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 with a reasoned order within a specified timeline.
Issues: Transfer of CISF personnel, delay in deciding petitioner's representation
Ratio Decidendi: The court emphasized the need for the respondents to decide the petitioner's representation within a specific timeline and communicate the decision with a reasoned order.
Final Decision: The court disposed of the petition and directed the respondents to decide the petitioner's representation and communicate the decision within a specified timeline.
Ms. P. Sureshan, Advocate, for the Petitioner.
Mr. Anshuman, Senior Panel Counsel, for the UOI. Insp. Sanjay Kumar, CISF.
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, and consequential order dated 14.4.2023 wherein petitioner has been transferred from the present Unit of IGI Airport New Delhi to CISF Unit MPA Goa;
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 27.03.2023, 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 27.03.2023 shall be decided at the earliest.
4. In view of the above, we hereby direct the respondents to decide the aforementioned Representation dated 27.03.2023 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.
