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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Gaurav Kumar Sonu – Appellant
Versus
DG CISF & Ors. – Respondents
W.P.(C) 6497 of 2023 & CM APPL. 25566-25568 of 2023
Decided On : 16-05-2023
Couple Posting Policy - Transfer Dispute - The court directed the respondent to consider and decide the representation with a reasoned order within two weeks and communicate the decision to the petitioner within three days thereafter.
Fact of the Case:
The petitioner sought directions to retain him in the present CISF UNIT of DMRC Delhi, quash the transfer order to SSCTPP Rajasthan, and declare the couple posting policy illegal. The respondent submitted that 2593 officers were transferred as per the policy, and the petitioner's wife could be transferred to his place of posting with her consent.
Finding of the Court:
The court directed the respondent to consider and decide the petitioner's representation with a reasoned order within two weeks and communicate the decision to the petitioner within three days. The court clarified that it did not give any opinion on the merits of the case and allowed the petitioner to approach the appropriate forum if aggrieved by the decision.
Issues: Dispute over transfer under the couple posting policy, rejection of petitioner's representation, and seeking directions to retain in the present CISF UNIT.
Ratio Decidendi: The court's decision was based on directing the respondent to consider and decide the petitioner's representation with a reasoned order within a specified timeframe.
Final Decision: The court disposed of the petition by directing the respondent to consider and decide the petitioner's representation and communicate the decision within a specified timeframe, without expressing any opinion on the merits of the case.
JUDGMENT (Oral)
1. Vide this petition, petitioner is seeking directions to the respondent, DG CISF, New Delhi, to retain him to the present CISF UNIT of DMRC Delhi as his posting was done in terms of the couple posting policy of the Union of India; quashing and setting aside of the order dated 24.03.2023 and 06.04.2023 qua petitioner wherein he has been transferred from the present Unit of DMRC Delhi to SSCTPP Rajasthan; quashing of the letter dated 04.05.2023 qua the petitioner whereby the representation was disposed with remarks `regretted'; declaration of the couple posting policy issued vide circular dated 25.09.2017 by the CISF illegal and ultra vires to the constitution of India; directions to the respondents to pay cost of this litigation to petitioner.
2. Learned counsel for respondents, who is appearing on advance notice, submits that petitioner and his wife, both are posted in Delhi since 2011. Vide policy decision, 2593 officers have been transferred all over India and if the wife of the petitioner gives consent which has already asked, she may be transferred to the place of posting of petitioner.
3. Learned counsel for petitioner is relying upon various policies and has made representation dated 27.03.2023, however, the said representation was rejected in a mechanical manner stating `regretted' vide letter dated 04.05.2023.
4. In view of above, we hereby dispose of the present petition by directing the respondent to consider and decide the aforesaid representation with a reasoned order within two weeks and communicate the decision thereof to petitioner within three days thereafter.
5. It is made clear that this Court has not given any opinion on the merits of the present case.
6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
The main legal point established in the judgment is the court's directive to the respondent to consider and decide the petitioner's representation with a reasoned order within a specified timeframe.
The main legal point established in the judgment is that unless a transfer order is vitiated by malafides or made in violation of statutory provisions, the court cannot interfere with it.
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 established that government policies regarding spouse postings must be adhered to, and representations should be considered objectively and timely.
The court established that government policies regarding spouse postings must be considered in transfer requests, and decisions should be made objectively and within a reasonable timeframe.
Administrative decision-making regarding spouse posting must align with established welfare guidelines protecting family integrity and child upbringing. While specific postings are not an inherent ri....
The court established that government policies favoring the joint posting of spouses should be adhered to, and representations regarding such policies must be considered objectively.
The court established that government policies regarding employee transfers, particularly those concerning spouses, must be adhered to and considered in decision-making processes.
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