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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tushar Rao Gedela, JJ.
Pravesh Kumar Mandal – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 5570 of 2023 & CM APPL. 21862 of 2023
Decided On : 09-05-2023
exemption - transfer/posting - The court allowed the exemption subject to all just exceptions and disposed of the application. The petitioner sought directions for transfer/posting to be with his wife for her treatment, and the court directed the respondents to treat the petition as a representation and decide within four weeks, with communication of the decision to the petitioner within one week thereafter.
Fact of the Case:
The petitioner sought directions for transfer/posting to be with his wife for her treatment.
Finding of the Court:
The court directed the respondents to treat the petition as a representation and decide within four weeks, with communication of the decision to the petitioner within one week thereafter.
Issues: Petitioner seeking transfer/posting for wife's treatment, non-appearance of petitioner in court.
Ratio Decidendi: In the interest of justice, the court disposed of the petition by directing the respondents to treat it as a representation and decide within a specified timeframe.
Final Decision: The court disposed of the petition by directing the respondents to treat it as a representation and decide within four weeks, with communication of the decision to the petitioner within one week thereafter.
JUDGMENT (Oral)
CM APPL. 21862/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 5570/2023
3. Vide the present petition, petitioner is seeking directions to the respondent no.2 to transfer/post the petitioner to any establishment at the BSF Headquarters, New Delhi or TC & STC BSF Hazaribagh so that he is able to be with his wife continuously and can get her treatments done.
4. On the last date of hearing, i.e. on 01.05.2023, none appeared on behalf of the petitioner and same is the position today.
5. In the interest of justice, we hereby dispose of present petition by directing the respondents to treat the present petition of the petitioner as a representation on his behalf and decide the same within four weeks. The decision so taken shall be communicated to the petitioner within one week thereafter with a reasoned order.
6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach appropriate forum.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
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 duty of authorities to decide pending representations in a timely manner, confirming jurisdiction to compel action under Article 226.
The court emphasized the importance of the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
The court emphasized the importance of passing a reasoned order on the petitioner's representation and providing specific relief to the petitioner.
Timely decision on representations and communication of reasoned orders by the respondents.
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 importance of a reasoned order and specified a timeframe for communicating the decision on the petitioner's representation.
Timely decision-making and communication of reasoned orders in response to representations from CISF personnel seeking transfer.
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