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2023 Supreme(Del) 4689
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Nirmal Chandra Mandal – Appellant
Versus
DG CISF & Ors. – Respondents
W.P.(C) 6491 of 2023 & CM APPL. 25555-25556 of 2023
Decided On : 16-05-2023
Important Points
Subject
Employment Law - Transfer and Relocation
Headnote
Transfer - CISF Units - The court directed the respondent to transfer the petitioner to the specified CISF units and quashed the previous transfer order.
Fact of the Case:
The petitioner sought directions to transfer to specific CISF units and quash the previous transfer order.
Finding of the Court:
The court directed the respondent to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order.
Issues: Transfer request, quashing of transfer order, cost of litigation
Ratio Decidendi: The court emphasized the need for the respondent to decide the petitioner's representation and communicate the decision with a reasoned order.
Final Decision: The court directed the respondent to transfer the petitioner and quash the previous transfer order, and also ordered the respondent to decide the petitioner's representation within a specified timeframe.
Mr. P. Sureshan, Advocate, for the Petitioner.
Mr. Tanveer Ansari, Senior Panel Counsel with Mr. Hilal Haider, Ms. Butul Khan, Advocates and Insp./Exe. Sanjay Kumar, CISF, for the Respondents.
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking directions to the respondent, DG CISF, New Delhi, to transfer the petitioner at any CISF units of South East Sector or any alternative two sectors as per the choice given by him in terms of the circular dated 25.09.2017; quashing and setting aside of the order dated 02.05.2023 qua petitioner, consequential order dated 10.05.2023 and the relieving order dated 12.05.2023 wherein petitioner has been transferred from the present Unit of IGI Airport New Delhi to ASG Madurai, Tamil Nadu; directions to the respondents to pay cost of this litigation to the petitioner.
2. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner made representation dated 11.05.2023, however, till date, the said representation has not been decided by the respondents.
3. In view of above, we hereby direct the respondents to decide the abovementioned representation filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with a reasoned order.
4. With the aforesaid directions, the present petition is disposed of. Pending application also stands disposed of.
5. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
