SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Manish Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
"i) Issue a Writ of Certiorari or any other writ, order or direction thereby quashing and setting aside the impugned transfer order dated 22.05.2023 vide which Petitioner has been transferred from his present place of posting of Force Headquarter Delhi to 4th Battalion SSB Mohan Ganj, Lucknow UP;
ii) Issue a Writ of Mandamus directing the respondents not to displace petitioner at least for a period of one year from his present place of posting of Force Headquarter Delhi;"
2. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner made representation dated 24.05.2023, however, till date, the said representation has not been decided by the respondents.
3. In view of above, we hereby direct the respondents to decide the abovementioned representation filed by the petitioner within four weeks keeping in view his medical condition and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.
4. Till the decision is taken on the representation of petitioner, the respondents shall extend the joining period of petitioner.
5. With the
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision within a specified timeframe.
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
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 the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
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 timely decision-making by the respondents and granted relief to the petitioner by staying the movement order pending the decision on his representation.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.