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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Sudhir Kumar Jain, JJ.
Din Dayal - Appellant
Versus
Director General Central Industrial Security Force - Respondent
W.P.(C) 7048 of 2022
Decided On : 09-05-2022
| Table of Content |
|---|
| 1. exemptions permitted subject to exceptions. (Para 1 , 2) |
| 2. petitioner seeks home sector posting. (Para 3 , 4 , 5) |
| 3. respondents must consider petitioner's request. (Para 6 , 7) |
CM APPL. 21619/2022 & CM APPL. 21620/2022 (exemptions)
1. Exemptions allowed, subject to just exceptions.
2. Applications are disposed of accordingly.
W.P.(C) 7048/2022 and CM APPL.21618/2022 (Stay)
3. By this petition, the petitioner seeks as under:
"
a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to retain the petitioner at any CISF units of NCRC Delhi or post him to his home sector in terms of the circular dated 25.9.2017 as he is now in the verge of retirement.
b) Quash and set aside the Service orders, qua petitioner, dated 28.3.2022, 1.4.2022 and 7.4.2022 with subject as 2nd Change of Sectors between NS an NCRS-2022 wherein petitioner has been transferred from the present Unit of DMRC Delhi to THDC Tehri, Uttarkhand.
c) Direct the respondents to pay cost of this litigation to the petitioner."
4. It is not in dispute that the petitioner is in 4th tenure and as per the policy of the respondent, in 4th tenure, he should be posted in `Home Sector'.
5. The petitioner made representation for him to be posted in NCRC Delhi. However, he has been posted in Uttarakhand which comes under North Sector.
6. Since the petitioner has made requests for posting in home sector i.e. the Eastern Sector, therefore, we hereby dispose of the present writ petition directing the respondents to consider his request to post him in home sector i.e. Eastern Sector within one week from today.
7. The Circular dated 1st April, 2022 shall remain stayed qua the petitioner till consideration of the said request.
The court affirmed the requirement to adhere to service policy in employee transfers, especially for those nearing retirement, highlighting the obligation to consider employee requests.
The main legal point established in the judgment is that the operational and administrative necessities of the Force, as outlined in Circular No. 22/2017, govern the posting and transfer decisions of....
The court emphasized the importance of following policy guidelines and providing reasoned decisions in matters related to the transfer of CISF personnel.
The final decision for posting and transfer of CISF personnel rests with the competent authorities in CISF and is governed by operational and administrative necessities of the force. Interference in ....
The court mandated timely and reasoned responses to administrative representations, reinforcing procedural fairness in employment-related assignments.
The court emphasized the importance of a reasoned order and specified a timeframe for communicating the decision on the petitioner's representation.
Timely decision-making and communication of reasoned orders in response to representations from CISF personnel seeking transfer.
The court emphasized the duty of authorities to decide pending representations in a timely manner, confirming jurisdiction to compel action under Article 226.
Authorities must decide representations timely and fairly, adhering to principles of administrative justice.
The court emphasized the importance of passing a reasoned order on the petitioner's representation and providing specific relief to the petitioner.
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