SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Dinesh Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide present petition, petitioner is praying as under:
i) issue an appropriate writ, order or directions in the nature of certiorari to quash/set aside the impugned order dated 18.04.2023 issued by Respondent No.2 whereby the petitioner has been transferred from 230 Bn CRPF Dantewada, Chhattisgarh to NES HQr, Shillong, Meghalaya CRPF.
ii) issue an appropriate writ, order or directions in the nature of certiorari to quash/set aside the impugned order dated 16.05.2023 issued by respondent No. 2 whereby the representation of petitioner against his premature transfer has been rejected with giving any cogent reason.
iii) issue an appropriate writ, order or directions in the nature of certiorari to quash/set aside the impugned order dated 18.05.2023 issued by respondent No. 2 whereby the petitioner has been directed to hand over the charge forthwith;
iv) issue an appropriate writ, order or direction in the nature of mandamus to allow the petitioner to continue in his present Unit 230 Bn CRPF Dantewada, Chhattisgarh, till completion of his normal tenure as per transfer policy or till he is promoted to the rank of DIGP whichever is earlier.
2. Learned Senior Counsel appear
Assurance from respondents regarding no action against petitioner due to premature transfer influenced the court's decision.
Prompt decision on representation and communication of reasoned order by the respondents.
The court maintains the authority to review administrative orders and allow fresh petitions when previous orders are cancelled, emphasizing the orderly conduct of procedural fairness.
Timely decision-making by the respondents on the petitioner's representation and conditions for satisfaction of the petitioner's grievance are crucial in service transfer matters.
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
The court emphasized that while transfer/posting is not in the domain of courts, it directed the respondents to clarify the transfer process and reasons for the petitioner's posting not being suggest....
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