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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Vikas Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 13962 of 2022
Decided On : 27-09-2022
| Table of Content |
|---|
| 1. petitioner's request based on wife's illness. (Para 1) |
| 2. liberty granted for fresh representation. (Para 2) |
| 3. decision on representation to be made within two weeks. (Para 3) |
| 4. petition disposed; future recourse available. (Para 4 , 5) |
1. By way of the present petition, petitioner seeks issuance of a writ of certiorari quashing order dated 28.06.2022 issued by the respondents and a writ of mandamus directing the respondents to post him to Headquarters, Director General Border Roads (HQ DGBR), New Delhi on compassionate grounds of serious illness of his wife.
2. After some arguments by the learned counsel for the parties, we deem it appropriate to give liberty to the petitioner to make a fresh representation to the respondents to accommodate the petitioner for a limited period.
3. On receipt of the same, the respondents are directed to consider and decide the same within two weeks keeping in view the health condition of wife of the petitioner, on humanitarian grounds.
4. 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.
5. The petition is accordingly disposed of.
The court emphasized the importance of humanitarian grounds in administrative decisions, allowing a fresh representation and mandating timely consideration based on health circumstances.
The principle of justice and compassion influenced the court's decision to grant an extension of the joining period due to the petitioner's wife's medical condition.
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision within a specified timeframe.
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
Sufficiency of medical documents is crucial for considering a representation for transfer for medical treatment.
Timely decision on representation and communication of reasoned order by the respondents.
In the interest of justice, the court directed the respondents to treat the petition as a representation and decide within a specified timeframe.
A superseding policy that has not been challenged negates the validity of prior policy claims in judicial review of administrative decisions.
Transfer orders can be quashed only if unresolved issues remain, and if the concerns of the petitioners are met, the matter may be dismissed.
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