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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Sunil Choudhary - Appellant
Versus
Union of India - Respondent
W.P.(C) 6807 of 2022, CM Appls. 20665 of 2022 (stay), 34056 of 2022 (direction) & 34057 of 2022 (stay)
Decided On : 04-08-2022
| Table of Content |
|---|
| 1. challenging the validity of transfer orders. (Para 1 , 2) |
| 2. procedural developments regarding notice and new orders. (Para 3 , 4) |
| 3. court's directive on responding to new orders. (Para 5 , 6 , 7) |
| 4. final disposal of the petition. (Para 8) |
1. This writ petition has been preferred under Article 226 of the Constitution of India seeking direction to call for records of the impugned order dated 08.04.2022 passed by the IG, Medical, R.K Puram, New Delhi, CRPF and the impugned communication dated 06.04.2022 issued by the IG of the CRPF and quashing the same.
2. Initially, the transfer order dated 01.03.2021 was issued by the respondents transferring the petitioner from 187 BN CRPF to 139 BN CRPF and thereafter the same was cancelled vide order dated 08.04.2022. Being aggrieved, the petitioner challenged the said order in the present petition.
3. Vide order dated 29.04.2022, notice was issued and the learned counsel for the respondents sought time to file the counter affidavit.
4. Meanwhile, the respondents further cancelled the order dated 08.04.2022 and passed a fresh transfer order dated 21.07.2022 and transferred the petitioner from 187 BN. CRPF to 227 BN. CRPF.
5. Learned counsel appearing on behalf of the petitioner submits that during the pendency of the present petition respondents have again issued a fresh transfer order dated 21.07.2022 without seeking any permission from this Court.
6. Since the transfer order dated 08.04.2022 has been cancelled by the respondents and the fresh transfer order dated 21.07.2022 is not under challenge in this petition, we hereby dispose of the present petition by giving liberty to the petitioner to file a fresh petition within two weeks from today. Till then the respondents are directed not to give effect to the order dated 21.07.2022.
7. Needless to say in case of non challenge of the order dated 21.07.2022 by the petitioner within two weeks, the interim protection given to him by this Court shall stand automatically vacated.
8. Petition along with the pending applications is accordingly disposed of.
The court maintains the authority to review administrative orders and allow fresh petitions when previous orders are cancelled, emphasizing the orderly conduct of procedural fairness.
Assurance from respondents regarding no action against petitioner due to premature transfer influenced the court's decision.
Prompt decision on representation and communication of reasoned order by the respondents.
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
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 central legal point established in the judgment is the requirement for proper application of mind and compliance with transfer policies by the respondent authorities.
The court emphasizes adherence to procedural rules in transfer orders and allows grievance submission for future consideration.
Transfer orders can be deferred by the court to uphold fairness when a valid claim is presented by the affected employee.
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