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
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.
Timely decision-making and communication of reasoned orders in response to representations from CISF personnel seeking transfer.
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 final decision for posting and transfer of CISF personnel rests with the competent authorities in CISF and is governed by operational and administrative necessities of the force. Interference in ....
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 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 communication from the respondents and provided the petitioner with the option to challenge the decision if aggrieved.
Authorities must decide representations timely and fairly, adhering to principles of administrative justice.
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....
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