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H. S. THANGKHIEW
Chibor Shullai – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. Heard Mr. A. Ahmed, learned counsel for the petitioner.
2. Dr. N. Mozika, learned DSGI assisted by Mr. S. Shangrit, learned counsel is present and accepts notice on behalf of all the respondents, so no further notice is called for.
3. The present writ petition is a second round of litigation where by on the orders of this Court, the respondents had considered the representation filed by the writ petitioner with regard to his posting and transfer.
4. The earlier order dated 14.10.2022, had been passed in consideration of the submissions of the writ petitioner that he was not allowed to represent against the movement order. Para-7 of the order dated 14.10.2022 for convenience is reproduced hereinbelow :-
'7. In this view of the matter, as the petitioner has not been afforded an opportunity to reply to the said communication, he is permitted to file a representation within 1(one) week from today, and the respondents are to dispose of the same in accordance with law within a period of 2(two) weeks, thereafter. Status quo as granted earlier with regard to the movement of the petitioner shall be maintained till disposal of the representation.'
5. Today, Mr. A. Ahmed, learned counse
Courts may decline to interfere with transfer matters made in exigency of service, unless they are mala fide, punitive, or based on extraneous circumstances.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The court emphasized the importance of timely decision-making and communication of reasoned orders by the respondents in response to the petitioner's representation.
The court emphasized the consideration of humanitarian grounds in decision-making and the need for a reasoned order within a specified timeframe.
When parties concur, the court may direct administrative bodies to dispose of pending representations in accordance with applicable government orders without delving into the underlying merits of the....
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
The court emphasized the importance of the respondent deciding the petitioner's representation and communicating the decision with a reasoned order.
Dismissal of original application on the ground of limitation does not prevent the disposal of the petitioner's second representation.
Administrative decisions may be challenged on grounds of arbitrariness, ensuring employee tenure rights are protected until a fair decision on representation is made.
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