Manish Kumar v. Union of India

Delhi High Court · 31 May 2023 · 2023:DHC:3946-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 7970/2023
2023:DHC:3946-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed the respondents to decide the petitioner's pending representation against his transfer within four weeks and extended his joining period, dismissing the writ petition without quashing the transfer order.

Full Text
Translation output
W.P.(C) 7970/2023
HIGH COURT OF DELHI
Date of Decision: 31st May, 2023
W.P.(C) 7970/2023 & CM APPL. 30652-30653/2023
MANISH KUMAR ..... Petitioner
Through: Mr. Nikhil Bhardwaj, Advocate
VERSUS
UNION OF INDIA AND ORS ... Respondents
Through: Mr. Satya Ranjan Swain, Senior Panel
Counsel with Mr. Kautilya Birat, Advocate and Mr. Hemendra Singh, DC (Law), BSF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide the present petition, petitioner prays as under: “i) Issue a Writ of Certiorari or any other writ, order or direction thereby quashing and setting aside the impugned transfer order dated 22.05.2023 vide which Petitioner has been transferred from his present place of posting of Force Headquarter Delhi to 4th Battalion SSB Mohan Ganj, Lucknow UP; ii) Issue a Writ of Mandamus directing the respondents not to displace petitioner at least for a period of one year from his present place of posting of Force Headquarter Delhi;”

2. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner made representation dated 24.05.2023, however, till date, the said representation has not been decided by the respondents. 12:32 W.P.(C) 7970/2023

3. In view of above, we hereby direct the respondents to decide the abovementioned representation filed by the petitioner within four weeks keeping in view his medical condition and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.

4. Till the decision is taken on the representation of petitioner, the respondents shall extend the joining period of petitioner.

5. With the aforesaid directions, the present petition is disposed of.

6. Pending applications also stand disposed of.

7. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum. Copy of order be given dasti under signatures of Court Master.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MAY 31, 2023 12:32