Kulwant Raj v. DG CISF

Delhi High Court · 11 May 2023 · 2023:DHC:3321-DB
Suresh Kumar Kait; Gaurang Kanth
W.P.(C) 6232/2023
2023:DHC:3321-DB
administrative other

AI Summary

The Delhi High Court set aside an unreasoned rejection of a CISF officer's transfer representation and directed a fresh reasoned decision, restraining his transfer until then.

Full Text
Translation output
Neutral Citation Number: 2023:DHC:3321-DB
W.P.(C) 6232/2023
HIGH COURT OF DELHI
Date of Decision: 11.05.2023
W.P.(C) 6232/2023
KULWANT RAJ ..... Petitioner
Through: Mr.P. Sureshan, Adv.
VERSUS
DG CISF ..... Respondent
Through: Mr.Vineet Dhanda, CGSC with Mr.Hussain Taqvi, Ms.Gurleen Kaur, Advs.
Insp. Sanjay, CISF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE GAURANG KANTH
JUDGMENT
(oral)
CM APPL.24491/2023 & 24492/2023 (exemptions)

1. Allowed, subject to just exceptions.

2. The applications are disposed of. W.P.(C) 6232/2023 & CM APPL. 24490/2023

3. Vide the present petition, petitioner prays as under: a. To direct the respondent, DG CISF, New Delhi, to retain the petitioner at any CISF units of North Sector only at his fourth service tenure in terms of the circular dated 25.9.2017; b. To quash and set aside the orders, qua petitioner, dated 24.3.2023, and consequential order dated 14.4.2023 wherein petitioner has been transferred from the present Unit of IGI Airport New Delhi to ONGC DAHEJ, Gujarat. 19:19 Neutral Citation Number: 2023:DHC:3321-DB W.P.(C) 6232/2023 c. To quash the letter dated 6.5.2023, qua the petitioner whereby the representation was disposed with remarks ‘regretted’; d. To direct the respondents to defer the posting of the petitioner for atleast a period of one year.

4. Pursuant to order dated 04.05.2023, respondents were directed to decide the representation dated 30.03.2023, however, before reaching the said order to the competent authority passed by this Court, representation of the petitioner was already rejected without reasoned order dated 06.05.2023.

5. Learned counsel appearing on behalf of the respondents submits that they will pass afresh reasoned order. Accordingly, order dated 06.05.2023 is set aside and the reasoned order be passed on the representation within two weeks from today and communicate the decision thereof to the petitioner within three days thereafter.

6. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representations, he may approach the appropriate forum.

7. Till the decision is taken on the representation, petitioner shall not be relieved.

8. With the aforesaid directions, the present petition as well as pending application stand disposed of. (SURESH KUMAR KAIT) JUDGE (GAURANG KANTH)

JUDGE MAY 11, 2023 19:19