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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Ramesh Kumar Punia (Dy. Comdt.) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to transfer order and related decisions (Para 1 , 2) |
| 2. alternative transfer and leave considerations (Para 3 , 4) |
| 3. court's instructions regarding joining duty (Para 5 , 7 , 9) |
| 4. discussion on attendance and promotion issues (Para 6 , 8) |
| 5. order disposal and forwarding (Para 10) |
JUDGMENT
Navin Chawla, J. (Oral)
The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioner challenging the Transfer Order dated 19.05.2021 by which the petitioner has been directed to be transferred from the 5th Battalion ITBP at Leh, Union Territory of Ladakh, to the 33rd Battalion at Guwahati, Assam.
2. The petitioner further challenges the order dated 16.08.2021 by which his representation against the said Transfer Order was rejected as also the Movement Order dated 28.08.2021.
3. During the course of these proceedings, learned counsel for the respondents, on instructions, gave an offer that the petitioner can be transferred to 43rd Battalion at Shalabagh, Shimla if he so desires. The learned counsel for the petitioner, however, refused this offer.
4. The learned counsel for the respondent then submitted, on instruction
Transfer orders are valid and must be complied with unless legally challenged; non-compliance with transfer results in duty to adhere to new posting.
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
Court directed a sympathetic reconsideration of a transfer request based on the petitioner's deteriorating health conditions, underlining the importance of accommodating such requests.
Transfer orders in public administration are justified unless proven to be mala fide, unlawful, or against established statutory provisions; no absolute right for an employee to remain in one postal ....
Prompt decision on representation and communication of reasoned order by the respondents.
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.
The court's decision was based on the respondent's agreement to consider the transfer request sympathetically and decide within a week, leading to the disposal of the petition.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
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