Savita v. Union of India

Delhi High Court · 26 May 2023 · 2023:DHC:3827-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 7470/2023
2023:DHC:3827-DB
administrative other

AI Summary

The Delhi High Court directed the respondents to treat the writ petition as a second representation and decide it on humanitarian grounds within four weeks, without quashing the transfer orders.

Full Text
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W.P.(C) 7470/2023
HIGH COURT OF DELHI
Date of Decision: 26th May, 2023
W.P.(C) 7470/2023 & CM APPL. 29037/2023
SAVITA ( L/CT) ..... Petitioner
Through: Mr. Rajat Arora and Mr. Niraj Kumar, Advocates
VERSUS
UNION OF INDIA AND ORS .... Respondents
Through: Mr. Manish Mohan, CGSC with Ms. Priya Mishra, GP, Insp. Sajay Kumar and SI Prahlad Devenda, CISF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide this petition, petitioner is praying as under: “(a) Issue a writ of certiorari to set aside/quash the 39th Inter Sectors Transfers 2023: Constable/GD vide its Service Order No.144/2023 issued by the office of the Directorate General (CISF) 13 CGO’s Complex Lodhi Road, New Delhi (Ministry of Home Affairs) dated 24.03.2023 and Order issued by the Office of the Deputy Inspector Genera (DIG)/Company Aviation Safety Officer (CASO) dated 06.05.2023 qua the petitioner. (b) Pass a writ of Mandamus directing the Respondents to stay on her posting order.”

2. Learned counsel for petitioner submits that after passing of Transfer Order dated 24.03.2023, petitioner had made a representation to the respondents, however, the said representation was rejected. 18:26 W.P.(C) 7470/2023

3. Learned counsel for petitioner further submits that in the said representation, petitioner could not state all the grounds.

4. Learned counsel for petitioner further submits that present petition be treated as representation on behalf of petitioner and respondents be directed to decide the same on humanitarian ground.

5. In view of above, we hereby direct the respondents to treat this petition as second representation on behalf of petitioner and decide the same on humanitarian ground within four weeks from today. The decision so taken shall be communicated by the respondents to the petitioner within three days thereafter with a reasoned order.

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

7. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on her representation, she may approach the appropriate forum.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MAY 26, 2023 18:26