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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Jai Narayan Prasad - Appellant
Versus
Union of India - Respondent
W.P.(C) 14852 of 2022 & CM Appls. 45672-45673 of 2022
Decided On : 20-10-2022
| Table of Content |
|---|
| 1. petitioner seeks relief against transfer order. (Para 1 , 1) |
| 2. petitioner's representation pending decision. (Para 2) |
| 3. respondents to treat petition as representation. (Para 3 , 4) |
| 4. transfer order stayed until decision. (Para 5 , 6) |
| 5. petition disposed with directions. (Para 7) |
1. Vide the present writ petition, the petitioner seeks following relief(s):
"a) issue necessary direction to the Respondents not to post out the petitioner prematurely and allowing the Petitioner to complete the two years tenure at Project Dantak at Bhutan since the posting order issued by GREF Records vide posting Order No.063/BCA/Out/Group-I/JEM/FA5 dated 03.09.2022 is arbitrary and perverse;
b) quash/set aside the posting Order No. 063/BCA/Out/Group-I/JEM/FA5 dated 03.09.2022;
c) issue any other or further orders or directions to Chief Engineer Project Dantak at Bhutan not to move out the petitioner from present place of posting at Bhutan till the final disposal of the instant case;
d) pass any other or further orders or directions in favour of the petitioner and against the respondents as this Hon'ble Court may deem fit and proper."
2. Learned counsel for the petitioner submits that for the aforesaid relief(s), the petitioner has already made representation dated 27.09.2022, however, till date the said representation has not been decided by the respondents.
3. Learned counsel for respondents who is appearing on advance notice, submits that the respondents shall consider the present petition as representation filed by the petitioner and shall decide the same within three weeks.
4. In view of above, we hereby direct the respondents to treat the present petition as representation filed by the petitioner, decide the same within three weeks from today and communicate the decision thereof to the petitioner within one week thereafter.
5. Needless to say, if the petitioner feels aggrieved by the decision taken on the representation, the petitioner may challenge the same before the appropriate forum.
6. Till the representation is decided by the respondents, the transfer order dated 03.09.2022 shall not be given effect to.
7. With the aforesaid directions, the present petition and pending applications stand disposed of.
Administrative decisions may be challenged on grounds of arbitrariness, ensuring employee tenure rights are protected until a fair decision on representation is made.
The court emphasized the importance of timely decision-making and communication of reasoned orders by the respondents in response to the petitioner's representation.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The court established that representations regarding employment vacancies must be considered expeditiously by the competent authority, adhering to legal standards.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to legal standards without bias in decision-making.
The legal principle established is that authorities must consider representations regarding vacancies in a timely manner, ensuring adherence to lawful procedures without bias.
The legal principle established is that authorities must consider representations regarding employment vacancies in a timely manner, ensuring adherence to legal processes without bias.
The court established that timely consideration of representations regarding employment vacancies is essential, and decisions must be made in accordance with the law without bias.
The court established that while it can direct the consideration of representations, it cannot dictate the outcome of such decisions, ensuring adherence to lawful processes.
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