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2023 Supreme(Del) 4634

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Anand Kumar – Appellant
Versus
Director General Cisf & Ors. – Respondents
W.P.(C) 6448 of 2023
Decided On : 16-05-2023

Advocates appeared:
Mr.P. Sureshan, Advocate, for the Petitioner.
Ms.Sarika Singh, SPC with Mr.Hardik Bedi (GP), for the Respondent Nos.1 to 4.

Timely decision-making and communication of reasoned orders in response to representations from CISF personnel seeking transfer.

Headnote:

exemptions - Transfer of CISF personnel - The court directed the respondents to decide on the petitioner's representation within a specified timeframe and communicate the decision with a reasoned order, and prohibited the issuance of any movement order until the decision is made.

Fact of the Case:

The petitioner sought transfer to a specific CISF unit in the North Sector and challenged the orders transferring him to a different unit in Gujarat.

Finding of the Court:

The court directed the respondents to decide on the petitioner's representation within a specified timeframe and communicate the decision with a reasoned order, and prohibited the issuance of any movement order until the decision is made.

Issues: Transfer request, challenge to transfer orders, delay in decision on representation

Ratio Decidendi: The court emphasized the need for timely decision-making on the petitioner's representation and the communication of the decision with a reasoned order.

Final Decision: The court directed the respondents to decide on the petitioner's representation within a specified timeframe and communicate the decision with a reasoned order, and prohibited the issuance of any movement order until the decision is made.

JUDGMENT (Oral)

CM APPL. 25342-343/2023 (exemptions)

1. Allowed, subject to all just exceptions.

2. The applications are, accordingly, disposed of.

W.P.(C) 6448/2023 & CM APPL.25341/2023

3. Vide the present petition, petitioner prays as under:

    a. To transfer the petitioner at any CISF units of North Sector only as he is having the required merit for getting a home sector posting in terms of the circular dated 25.9.2017;

    b. To quash and set aside the orders, qua petitioner, dated 3.5.2023, and consequential order dated 4.5.2023 wherein petitioner has been transferred from the present Unit of JGGPP, Jhanor Bharuch District to ONGC Haziara in Gujarat;

    c. To direct the respondent to produce the entire merit list of the personnel in the rank of Inspector/Executive who belonging to the north Sector as their home sector and also direct them to explain as to how petitioner is lower in merit list compared to the named personnel in Annexure P14 list.

4. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner made representation dated 06.05.2023 which is at page 106 of the writ petition (Annexure P17), however, till date, the said representation has not been decided by the respondents.

5. In view of above, we hereby direct the respondents to decide the above-said representation filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.

6. With the aforesaid directions, the present petition as well as pending application are disposed of.

7. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.

8. We hereby make it clear that no movement order shall be issued till the decision is taken on the representation of the petitioner.

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