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2023 Supreme(Del) 1271
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vinod Kumar – Appellant
Versus
DG CISF & Ors. – Respondents
W.P.(C) 5319 of 2023 & CM Appls. 20726-27 of 2023
Decided On : 26-04-2023
Important Points
Subject
Administrative Law - Government Employment
Headnote
Representation - Transfer of Petitioner - The court directed the respondent to decide the petitioner's representation and communicate the decision within a specified timeline, staying any movement order until the representation is decided.
Fact of the Case:
The petitioner sought directions to retain him at a specific CISF unit and quash the transfer order. The respondent had not yet decided the petitioner's representation.
Finding of the Court:
The court directed the respondent to decide the petitioner's representation and communicate the decision within a specified timeline, staying any movement order until the representation is decided.
Issues: Transfer order, Representation of petitioner, Stay of movement order
Ratio Decidendi: The court emphasized the need for the respondent to decide the petitioner's representation and communicate the decision within a specified timeline, while also staying any movement order until the representation is decided.
Final Decision: The court directed the respondent to decide the petitioner's representation and communicate the decision within a specified timeline, staying any movement order until the representation is decided.
Mr. P. Sureshan, Advocate, for the Petitioner.
Mr. Rishabh Sahu, CGSC with Mr. Sameer Sharma, Advocate and Mr. Chetanya Puri, GP, for the Respondent.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking directions to 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 25.09.2017; quashing and setting aside of the order dated 24.03.2023 qua petitioner and consequential order dated 14.04.2023 wherein petitioner has been transferred from the present Unit of IGI Airport New Delhi to CISF Unit NLC Neyveli, Tamil Nadu; and directions to 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 respondent till date.
3. Learned counsel for the respondent 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 filed by 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 respondent on his representation, he may challenge the same before the appropriate forum.
7. It is made clear that if any movement order is passed qua petitioner herein, the same shall remain stayed until the decision is taken on the aforesaid representation filed by the petitioner.
Copy of this order be given dasti under signatures of Court Master.
