IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Amit Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 14282 of 2022
Decided On : 07-10-2022

Administrative authorities retain discretion over postings; courts may intervene only in cases of arbitrariness or unreasonable actions.

Headnote:(A) Application under Rule 1 of the High Court Rules - Petition seeking directions for diversion/extension of posting - The petitioner seeks to maintain status quo on his attachment. The court permits withdrawal of the petition with liberty to make representation, directing respondents to decide within specified time. Transfer order kept in abeyance. (Paras 3-7)

(B) Administrative Law - The power to make decisions regarding postings and transfers lies with the administrative authority. Courts generally refrain from interfering unless the action is arbitrary or unreasonable. (Paras 5-8)

Facts of the case:
The petitioner, seeking directions for consideration regarding his diversion/extension of posting, requests to maintain status quo on his attachment with a specific company. The petitioner seeks withdrawal of the petition to represent before respondents.

Findings of Court:
Petition allowed to withdraw; liberty granted to make representation, with direction on time-bound decision from respondents. The transfer order is to remain in abeyance until further action.

Issues: The main issue was whether the petitioner could make a representation regarding his posting and whether the court should intervene in the administrative decision.

Ratio Decidendi: The court held that while administrative authorities have the discretion over postings, it must act within the boundaries of reasonableness and procedural fairness, and the petitioner has the right to a prompt response to his representation.

Result: Petition disposed of.