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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Ravi Kumar Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 14736 of 2022 & CM Appl. 45330 of 2022 (Stay)
Decided On : 18-10-2022
Important Points
Subject
Administrative Law - Transfer of Service
Headnote
(B) Petitioner’s Service Tenure - The petitioner sought to complete his tenure at his current posting and questioned the legitimacy of a premature transfer without due consideration.
(C) Representation Processing - The court emphasized the importance of timely consideration of representations made by the employee and the authority's obligation to respond (Paragraph 3).
Findings of Court:
The court ordered the Competent Authority to decide the representation within two weeks, ensuring proper due process is followed in the transfer matter.
Issues: The core issue concerned the legality of the transfer order and the delay in responding to the petitioner's representation.
Ratio Decidendi: The court concluded that while administrative authorities possess the power to transfer personnel, they must also address the representations of affected parties in a timely manner.
Result: Petition disposed of with directions to decide on the representation.
| Table of Content |
|---|
| 1. challenge to transfer order and request for tenure completion. (Para 1) |
| 2. petitioner's representation remains undecided. (Para 2) |
| 3. court directs a timely decision on representation. (Para 3) |
| 4. respondent's discretion in considering transfer. (Para 4) |
| 5. petition disposed along with applications. (Para 5) |
JUDGMENT (Oral)
1. The petitioner has filed the present petition seeking quashing of the signals dated 15.09.2022 and 21.09.2022 and movement order dated 06.10.2022 transferring the petitioner from OPS Directorate, FHQ, New Delhi to 110 BN BSF at Meghalaya and directing the respondents to either permit the petitioner to complete his four years tenure at OPS Directorate, FHQ, New Delhi or to post him at any other Directorate/Establishment in New Delhi for the remainder of his three years tenure at New Delhi.
2. Learned counsel for the petitioner submits that the petitioner had made a representation dated 21.09.2022, however, the said representation has not been decided till date and the movement order dated 06.10.2022 has been issued.
3. Without commenting on the merits of the case, we hereby dispose of the present petition by directing the Competent Authority of the respondent to decide the said representation dated 21.09.2022 within two weeks from today. Decision thereof, shall be communicated to the petitioner within two days thereafter.
4. We hereby make it clear that while considering the representation of the petitioner, the respondents are at liberty to change the posting of the petitioner as per their requirement.
5. Petition is accordingly disposed of alongwith the pending application.
