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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Dinesh Singh – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 6133 of 2023
Decided On : 10-05-2023
Transfer - CRPF - The court directed the respondents to decide the petitioner's representation within a week and communicate the decision with a reasoned order. The respondents were restrained from issuing any movement order until the representation is decided.
Fact of the Case:
The petitioner sought to quash an order transferring him from one unit to another and requested to be continued in his present unit until completion of his normal tenure or promotion to the rank of DIGP.
Finding of the Court:
The court disposed of the petition by directing the respondents to decide the petitioner's representation within a week and communicate the decision with a reasoned order. The court also restrained the respondents from issuing any movement order until the representation is decided.
Issues: Transfer order, representation by petitioner, delay in decision by respondents
Ratio Decidendi: The court emphasized the need for the respondents to decide the petitioner's representation promptly and communicate the decision with a reasoned order.
Final Decision: The court directed the respondents to decide the petitioner's representation within a week and communicate the decision with a reasoned order. The respondents were restrained from issuing any movement order until the representation is decided.
JUDGMENT (Oral)
CM APPL.24164/2023 (exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 6133/2023 & CM APPL. 24165/2023
3. Vide the present petition, petitioner prays as under:
a. To quash/set aside the impugned order dated 18.04.2023 issued by respondent no.2 whereby the petitioner has been transferred from 230 Bn CRPF Dantewada, Chattisgarh to NES HQr, Shillong, Meghalaya CRPF;
b. To direct the respondents to continue petitioner in his present Unit 230 Bn CRPF Dantewada, Chattisgarh till completion of his normal tenure as per transfer policy or till he is promoted to the rank of DIGP whichever is earlier.
4. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s) in the present petition, petitioner has already made representation dated 21.04.2023, however, till date, the said representation has not been decided by the respondents.
5. In view of above, we hereby dispose of the present petition by giving directions to the respondents to decide the above-mentioned representation filed by the petitioner within one week from today and communicate the decision thereof to the petitioner within four days thereafter with reasoned order.
6. With the aforesaid directions, the present petition as well as pending application stand disposed of.
7. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representations, he may approach the appropriate forum.
8. Till the representation is decided, respondents are restrained from issuing any movement order.
Prompt decision on representation and communication of reasoned order by the respondents.
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.
Assurance from respondents regarding no action against petitioner due to premature transfer influenced the court's decision.
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.
The court's decision was based on the respondent's agreement to consider the transfer request sympathetically and decide within a week, leading to the disposal of the petition.
The court emphasized the importance of passing a reasoned order on the petitioner's representation and providing specific relief to the petitioner.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
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