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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ramesh Chandra Singh – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 7924 of 2023
Decided On : 31-05-2023
Certiorari - Writ Petition - Quashing of Transfer Order
Fact of the Case:
The petitioner sought a writ of certiorari to quash a transfer order issued by the DG BSF FHQ, requesting modification of the order to compassionate/terminal grounds or award of Transfer allowance (TA). The court directed the respondents to treat the petition as a representation and decide within one week.
Finding of the Court:
The court directed the respondents to consider the petition as a representation and make a reasoned decision within one week.
Issues: Quashing of transfer order, modification to compassionate/terminal grounds, entitlement to Transfer allowance (TA)
Ratio Decidendi: The court emphasized the need for the respondents to consider the petitioner's representation and make a reasoned decision within a specified timeframe.
Final Decision: The petition was disposed of with directions for the respondents to decide on the representation within one week and communicate the decision to the petitioner.
JUDGMENT (Oral)
1. Vide this petition, petitioner is praying as under:
"(i) Issue a writ of certiorari or any other appropriate writ, order or direction, thereby calling for records and quash the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it was issued under the remark, "ON OWN REQUEST", instead of compassionate/terminal grounds.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to modify the impugned order dated 13.05.2022 issued by the DG BSF FHQ to the extent that it may be issued under the remark, "compassionate/terminal grounds", instead of "ON OWN REQUEST".
(iii) Alternatively, issue a writ of mandamus or any other appropriate writ, order or direction, thereby directing the respondents to award the petitioner Transfer allowance (TA) for the impugned transfer order because there is no rules specifying the minimum tenure of a DIG at a static location and thus the petitioner is entitled to Transfer allowance (TA) even if posted to his choice of posting.."
2. In view of the prayer and averments made in the present petition, we hereby direct the respondents to treat the present petition as a representation on behalf of petitioner and decide the same within one week. The decision so taken shall be communicated to the petitioner within three days thereafter with a reasoned order.
3. With the aforesaid directions, present petition is disposed of.
4. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision 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 consideration of humanitarian grounds in decision-making and the need for a reasoned order within a specified timeframe.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
The court emphasized the importance of humanitarian grounds in administrative decisions, allowing a fresh representation and mandating timely consideration based on health circumstances.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
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.
Assurance from respondents regarding no action against petitioner due to premature transfer influenced the court's decision.
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