Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1604

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sunder Singh (CT/GD Cisf) – Appellant
Versus
The Director General & Ors. – Respondents
W.P.(C) 7948 of 2023 & CM APPL. 30614-30616 of 2023
Decided On : 31-05-2023

Advocates appeared:
Ms. Pallavi Awasthi and Mr. Apurva Singh, Advocates, for the Petitioner.
Mr. Amit Gupta, Senior Panel Counsel with Insp. Sanjay Kumar, CISF, for the Respondents.

The court emphasized the importance of timely decision-making and communication of reasoned orders by the respondents in response to the petitioner's representation.

Headnote:
Transfer Order - Petition for Setting Aside Transfer Order and Seeking Posting - The court directed the respondents to decide the petitioner's representation within three weeks and communicate the decision with a reasoned order, while also restraining the petitioner from being relieved from the present posting until a decision is made.
Fact of the Case:

The petitioner sought to set aside a transfer order and requested a writ for posting to a specific location. The petitioner's representation to the respondents had not been decided.
Finding of the Court:

The court directed the respondents to decide the petitioner's representation within three weeks and communicate the decision with a reasoned order, while also restraining the petitioner from being relieved from the present posting until a decision is made.
Issues: Petitioner's transfer order, relief sought, delay in deciding representation
Ratio Decidendi: The court emphasized the need for the respondents to decide the petitioner's representation within a specified time frame and communicate the decision with a reasoned order.
Final Decision: The court directed the respondents to decide the petitioner's representation within three weeks and communicate the decision with a reasoned order, while also restraining the petitioner from being relieved from the present posting until a decision is made.

JUDGMENT (Oral)

1. Vide this petition, petitioner is praying as under:

"(a) To set aside the Transfer Order No.E-38014/1/AS/ADM/IUT-23 (SI/EXE TO CT/GD)/-5548 DATED 17.05.2023 and Order No.E38014/AS_/ADM/17th IUT-2023(319)/2022/3280 dated 26.05.2023 issued by the respondents qua petitioner.

(b) To issue a writ/direction/order commanding the respondents for posting the petitioner to IGSTPP Jhajjar being a couple case."

2. Learned counsel for petitioner submits that for the aforesaid relief(s), petitioner made a representation dated 18.05.2023 to the respondents, however, till date, the said representation has not been decided by the respondents.

3. In view of above, we hereby dispose of present petition by directing the respondents to decide the representation dated 18.05.2023 filed by petitioner within three weeks. The decision so taken shall be communicated to the petitioner within three days thereafter with a reasoned order.

4. Till the decision is taken on representation of petitioner, the petitioner shall not be relieved from present posting.

5. Pending applications also stand disposed of.

6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.

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