SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Savita(L/ct) – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide this petition, petitioner is praying as under:
"(a) Issue a writ of certiorari to set aside/quash the 39th Inter Sectors Transfers 2023: Constable/GD vide its Service Order No.144/2023 issued by the office of the Directorate General (CISF) 13 CGO's Complex Lodhi Road, New Delhi (Ministry of Home Affairs) dated 24.03.2023 and Order issued by the Office of the Deputy Inspector Genera (DIG)/Company Aviation Safety Officer (CASO) dated 06.05.2023 qua the petitioner.
(b) Pass a writ of Mandamus directing the Respondents to stay on her posting order."
2. Learned counsel for petitioner submits that after passing of Transfer Order dated 24.03.2023, petitioner had made a representation to the respondents, however, the said representation was rejected.
3. Learned counsel for petitioner further submits that in the said representation, petitioner could not state all the grounds.
4. Learned counsel for petitioner further submits that present petition be treated as representation on behalf of petitioner and respondents be directed to decide the same on humanitarian ground.
5. In view of above, we hereby direct the respondents to treat this petition as second representa
The court emphasized the consideration of humanitarian grounds in decision-making and the need for a reasoned order within a specified timeframe.
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 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....
The court emphasized the principle of mandamus and directed the respondents to decide the petitioner's representation within a specific timeline.
The court emphasized the importance of the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
The court's emphasis on the need for timely decision-making and communication of reasoned orders in response to representations made by petitioners seeking relief through writ of mandamus.
Timely decision on representations and communication of reasoned orders by the respondents.
The court emphasized the importance of timely decision-making by the respondents and granted relief to the petitioner by staying the movement order pending the decision on his representation.
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision within a specified timeframe.
Courts may decline to interfere with transfer matters made in exigency of service, unless they are mala fide, punitive, or based on extraneous circumstances.
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