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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Gaurang Kanth, JJ.
Tarsem Singh – Appellant
Versus
DG CISF & Ors. – Respondents
W.P.(C) 6207 of 2023
Decided On : 11-05-2023
Exemptions - Transfer of CISF personnel - The court allowed the application subject to just exceptions and directed the respondents to pass a fresh reasoned order on the petitioner's representation within two weeks and communicate the decision within three days thereafter. The petitioner shall not be relieved until the decision is taken on the representation.
Fact of the Case:
The petitioner sought directions to retain him at a specific CISF unit and to quash and set aside transfer orders. The respondents agreed to decide the petitioner's representation again with a reasoned order.
Finding of the Court:
The court set aside the previous order and directed the respondents to pass a fresh reasoned order on the petitioner's representation within two weeks and communicate the decision within three days thereafter. The petitioner shall not be relieved until the decision is taken on the representation.
Issues: Transfer of CISF personnel, quashing of transfer orders, and directions for retaining the petitioner at a specific CISF unit.
Ratio Decidendi: The court emphasized the need for a reasoned order on the petitioner's representation and directed the respondents to communicate the decision within a specified timeframe.
Final Decision: The court allowed the application subject to just exceptions, set aside the previous order, and directed the respondents to pass a fresh reasoned order on the petitioner's representation within two weeks and communicate the decision within three days thereafter. The petitioner shall not be relieved until the decision is taken on the representation.
JUDGMENT (Oral)
CM APPL.24411/2023 & 24412/2023 (exemptions)
1. Allowed, subject to just exceptions.
2. The applications are disposed of.
W.P.(C) 6207/2023 & CM APPL. 24410/2023
3. Vide the present petition, petitioner prays as under:
a. To direct 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. To 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 Oil Duliajan, Assam.
c. To quash the letter dated 6.5.2023, qua the petitioner whereby the representation was disposed with remarks `regretted';
d. To direct the respondents to post the petitioner to a nearest sector unit, either at East Sector or, Central Sector, in terms of sub para 3 of para 12 of the Circular dated 25.9.2017.
4. Notice issued.
5. Learned counsel appearing on behalf of the respondents, on advance notice, submits that the representation of the petitioner shall be decided again with a reasoned order.
6. Accordingly, order dated 06.05.2023 is hereby set aside and respondents are directed to pass fresh reasoned order within two weeks from today and communicate the decision thereof to the petitioner within three days thereafter.
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 decision is taken on the representation, petitioner shall not be relieved.
9. With the aforesaid directions, the present petition as well as pending application stand disposed of.
The court emphasized the importance of a reasoned order and specified a timeframe for communicating the decision on the petitioner's representation.
The court emphasized the importance of passing a reasoned order on the petitioner's representation and providing specific relief to the petitioner.
The court emphasized the importance of the respondents deciding the petitioner's representation and communicating the decision with a reasoned order, in line with the petitioner's request for retenti....
The court emphasized the duty of authorities to decide pending representations in a timely manner, confirming jurisdiction to compel action under Article 226.
Timely decision on representations and communication of reasoned orders by the respondents.
Authorities must decide representations timely and fairly, adhering to principles of administrative justice.
The court emphasized the importance of communication from the respondents and provided the petitioner with the option to challenge the decision if aggrieved.
The court emphasized the importance of timely decision-making on the petitioner's representation and the stay of any movement order until the representation is decided.
The court emphasized the importance of the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
Timely decision-making and communication of reasoned orders in response to representations from CISF personnel seeking transfer.
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