IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Sudhir Kumar Jain, JJ.
Geeta Kumari, Lady Const/GD CISF - Appellant
Versus
Director General, Central Industrial Security Force - Respondent
W.P.(C) 6503 of 2022 & CM Appl. 19702 of 2022
Decided On : 04-05-2022

Transfer orders can be deferred by the court to uphold fairness when a valid claim is presented by the affected employee.

Headnote:(A) Central Industrial Security Force - Transfer orders - The petitioner challenged a transfer order issued by the respondents and sought to continue her duties at the CISF Unit at IGI Airport. The court allowed a deferment of the transfer order until 31.03.2023. (Paras 1-4)

(B) Judicial Review - Courts may intervene in administrative actions where there is a valid claim of rights, providing a safeguard against unjust transfers and ensuring adherence to principles of fairness. (Paras 1-4)

Facts of the case:
The petitioner sought to set aside a transfer order issued on 18.04.2022 and requested to continue her duties at the current unit. Respondents agreed to defer the transfer order for one year.

Findings of Court:
The petition along with pending applications was disposed of on the basis of agreed deferment.

Issues: The primary issue was whether the transfer order could be stayed temporarily while addressing the petitioner's rights.

Ratio Decidendi: The court found merit in allowing a deferment of the transfer order, emphasizing the importance of holding administrative powers accountable to fairness standards.

Result: Petition disposed of, transfer order deferred until 31.03.2023.