IN THE HIGH COURT OF DELHI AT NEW DELHI
Devendra Kumar Upadhyaya, Tushar Rao Gedela
Mukesh Kumar – Appellant
Versus
National Power Training Institute – Respondent
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, C.J.
1. Heard learned counsel appearing for the parties.
2. Proceedings of this intra-Court appeal under Clause 10 of the Letters Patent have been instituted taking exception to the judgment and order dated 02.09.2024. passed by the learned Single Judge whereby, W.P.(C) 11104/2024, filed by respondent no.1/National Power Training Institute has been allowed and the order dated 02.08.2024, passed by the Chief Commissioner for persons with disabilities (hereinafter referred to as the ‘CCPD’) to the extent, it directed respondent no.1 to keep the transfer order of the appellant in abeyance, has been set aside.
FACTS
3. The appellant, who is working as a Deputy Director (T/F) with respondent no.1, is a person suffering from Locomotor Disability and is diagnosed as a case of Post Polio Residual Paralysis. He has been certified by the appropriate authority of the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India to have 70% Permanent Disability in relation to his left leg as per the guidelines issued for the purposes of assessing the extent of disability under the Rights of Persons with D
The Chief Commissioner for Persons with Disabilities can issue interim recommendations regarding employee transfers under the Rights of Persons with Disabilities Act, which are binding unless valid r....
The State Commissioner for Persons with Disabilities lacks the authority to impose punitive measures, as its powers are strictly recommendatory under the Rights of Persons with Disabilities Act, 2016....
The court emphasized that while the Rights of Persons with Disabilities Act protects care givers, transfers are essential for institutional efficiency and must balance individual rights with organiza....
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Transfer orders in public administration are justified unless proven to be mala fide, unlawful, or against established statutory provisions; no absolute right for an employee to remain in one postal ....
Transfer orders are valid unless they violate statutory provisions or are shown to be mala fide.
The transfer of employees is considered an administrative matter subject to limited judicial review; only valid grounds, such as mala fides or violations of statutory provisions, warrant interference....
The court ruled that review petitions do not permit a re-examination of previously decided issues unless there is an error apparent on record, reinforcing the limited scope of review under civil proc....
The main legal point established in the judgment is that the transfer of the petitioner was found to be in compliance with the statutory rules governing the service, recommended by the Civil Services....
The court upheld the Central Administrative Tribunal's order for reconsideration of a transfer order under statutory provisions, affirming the validity of transfers during inquiry processes.
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