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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Satendra Kumar Rajak – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to transfer orders based on representation. (Para 1 , 2 , 3 , 4) |
| 2. court directed decision on representation. (Para 5 , 6) |
| 3. final disposal of the petition. (Para 7) |
1. The petitioner has preferred the present writ petition challenging the validity of the Order bearing No. 06/SSB/FHQ/Estt./Tfr-Out/CT to Insp(GD)/2022/21012-36 dated 31.08.2022 whereby respondent no.2 has transferred the petitioner out of his posting as Head Constable (GD) at New Delhi and instructed him to report at his new place of posting at the 49th Battalion Pillibhit, Uttar Pradesh. The petitioner submits that the Impugned Order has been passed arbitrarily, without due application of mind, and without due consideration of the representation of the petitioner dated 22.08.2022, requesting for reconsideration of his transfer on medical grounds.
2. According to the petitioner, vide order bearing no. IV/18/SSB/Pers-II/HC/GD/2022/7777-7893 dated 22.04.2022, he was transferred to 73rd Battalion, Shergaon, Arunachal Pradesh, against which he preferred a representation dated 10.05.2022, which was however rejected by the respondent no.2.
3. Thereafter, the respondent no.2
Administrative bodies must consider representations before making transfer decisions; courts may instruct consideration without addressing merits of the transfer.
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.
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.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
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.
Prompt decision on representation and communication of reasoned order by the respondents.
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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