Pradeep Chander v. Indraprastha Power Gen. Co. Ltd.

Delhi High Court · 13 Feb 2018 · 2018:DHC:1114
Sunil Gaur
W.P.(C) No.1343/2018
2018:DHC:1114
administrative petition_dismissed Significant

AI Summary

The Delhi High Court directed the respondent to consider and decide the petitioner’s representation against his transfer by passing a speaking order within a stipulated time, emphasizing adherence to procedural fairness and precedent.

Full Text
Translation output
W.P.(C) No.1343/2018 Page 1 HIGH COURT OF DELHI
Date of order: February 13, 2018
W.P.(C) 1343/2018 & CM Nos.5561-62/2018
PRADEEP CHANDER ..... Petitioner
Through: Mr.Chander Prakash, Advocate
VERSUS
INDRAPRASTHA POWER GEN. CO. LTD.
AND ORS ...... Respondents
Through: Mr.R.K.Vats, Advocate for R-1 and R-2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
JUDGMENT

1. Vide impugned order of 28th December, 2016 (Annexure P-21), petitioner has been sent on new assignment as Deputy Manager (IT)-PPS- III, Bawana against which petitioner had made a representation (Annexure P-29) on 29th October, 2017 i.e. after about one year. The grievance of petitioner is that his Representation (Annexure P-29) has not been decided till date. Learned counsel for petitioner relies upon a decision of a coordinate Bench of this Court in 2015 SCC Online Del 8589 Sh.M.K.Saini Vs. Indraprashta Power Generation Co.Ltd. (IPGCL) to submit that the impugned transfer is illegal.

2. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with direction to first respondent to consider petitioner’s representation (Annexure P-29) if not already done and to pass 2018:DHC:1114 W.P.(C) No.1343/2018 Page 2 a speaking order thereon in light of the decision in M.K.Saini (supra) and the applicable Rules/Regulations, within a period of four weeks and the fate of the Representation be conveyed to petitioner within a week thereafter, so that petitioner may avail of the remedy as available in law. This petition and the accompanying applications are disposed of in the above terms.

JUDGE FEBRUARY 13, 2018 mamta