Gaurav Kumar Sonu v. DG CISF

1. Vide this petition, petitioner is seeking directions to the respondent, DG CISF, New Delhi, to retain him to the present CISF UNIT of DMRC Delhi as his posting was done in terms of the couple posting policy of the Union of India; quashing and setting aside of the order dated 24.03.2023 and 06.04.2023 qua petitioner wherein he has been transferred from the present Unit of DMRC Delhi to SSCTPP Rajasthan; quashing of the letter dated 04.05.2023 qua the petitioner whereby the representation was disposed with remarks ‘regretted’; declaration of the couple posting policy issued vide circular dated 25.09.2017 by the CISF illegal and ultra vires to the constitution of India; directions to the respondents to pay cost of this 15:01 Neutral Citation Number: 2023:DHC:3444-DB W.P.(C) 6497/2023 litigation to petitioner.

2. Learned counsel for respondents, who is appearing on advance notice, submits that petitioner and his wife, both are posted in Delhi since 2011. Vide policy decision, 2593 officers have been transferred all over India and if the wife of the petitioner gives consent which has already asked, she may be transferred to the place of posting of petitioner.

3. Learned counsel for petitioner is relying upon various policies and has made representation dated 27.03.2023, however, the said representation was rejected in a mechanical manner stating ‘regretted’ vide letter dated 04.05.2023.

4. In view of above, we hereby dispose of the present petition by directing the respondent to consider and decide the aforesaid representation with a reasoned order within two weeks and communicate the decision thereof to petitioner within three days thereafter.

5. It is made clear that this Court has not given any opinion on the merits of the present case.

6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum. (SURESH KUMAR KAIT) JUDGE (MINI PUSHKARNA)

JUDGE MAY 16, 2023 15:01