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2023 Supreme(Del) 1277

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Nirpender Kumar – Appellant
Versus
Director General Cisf & Ors. – Respondents
W.P.(C) 5366 of 2023 & CM Appls. 20962 of 2023, 20963 of 2023, 20964 of 2023
Decided On : 27-04-2023

Advocates appeared:
Mr. P. Sureshan, Advocate, for the Petitioner.
Mr. Sayad Hasseb, Senior Panel Counsel & Mr. Hilal Haider, Advocate, for the Respondent. Insp./Exe. Sanjay Kumar, CISF.

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.

Headnote:

Mandamus - Transfer Dispute - The court directed the respondent to decide the petitioner's representation and stay the movement order pending the decision.

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 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 stay the movement order pending the decision.

Issues: Transfer dispute, delay in deciding representation

Ratio Decidendi: The court emphasized the need for the respondents to decide the petitioner's representation and stayed the movement order pending the decision.

Final Decision: The court disposed of the petition, directing the respondents to decide the petitioner's representation and stay the movement order pending the decision.

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 SCCL BELLAMPALLI TELUNGANA;

    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. The Movement Order dated 14.04.2023 shall remain stayed qua the petitioner till the decision of the Representation dated 27.03.2023 of the petitioner.

7. 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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