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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Roshan Lal - Appellant
Versus
DG CISF - Respondent
W.P.(C) 13799 of 2022 & CM Appls. 42164-42165 of 2022
Decided On : 23-09-2022
| Table of Content |
|---|
| 1. petitioner's request for posting within home sector. (Para 1 , 1 , 2) |
| 2. court's directive for timely decision on representation. (Para 3 , 4 , 5) |
| 3. petition disposed; applications also dismissed. (Para 6) |
1. By way of the present petition, petitioner seeks following reliefs:
a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to post the petitioner in his home sector Units preferably within 200 Kms radius of his Home town or any other NCR/North Sector Units in terms of the circular dated 25.9.2017 as he is now in the verge of retirement.
b) Direct the respondents to produce entire records pertaining to the seniority lists prepared for the posting of ASI/Exe at North Sector on account of their entailment on the basis of the relevant guidelines and the method of giving merits.
c) Direct the respondents to pay cost of this litigation to the petitioner.
2. For the aforesaid reliefs, the petitioner made a representation dated 27.05.2022 to the respondents, however, till date, the respondents have not decided the same.
3. Accordingly, we hereby dispose of the present petition by directing the respondents to take a final decision by way of a reasoned order on the representation dated 27.05.2022 filed by the petitioner in view of the circular dated 25.09.2017 within four weeks.
4. The decision thereof shall be communicated to the petitioner within one week thereafter.
5. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
6. With directions as aforesaid, the present petition is disposed of. Pending applications are also disposed of as infructuous.
The court mandated timely and reasoned responses to administrative representations, reinforcing procedural fairness in employment-related assignments.
The court emphasized the importance of following policy guidelines and providing reasoned decisions in matters related to the transfer of CISF personnel.
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 court's emphasis on the need for timely decision-making and communication of reasoned orders in response to representations made by petitioners seeking relief through writ of mandamus.
The court emphasized the importance of timely decision-making by the respondents and granted relief to the petitioner by staying the movement order pending the decision on his representation.
The court emphasized the principle of mandamus and directed the respondents to decide the petitioner's representation within a specific timeline.
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 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 ....
Authorities must decide representations timely and fairly, adhering to principles of administrative justice.
The court emphasized the duty of authorities to decide pending representations in a timely manner, confirming jurisdiction to compel action under Article 226.
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