SASI KUMAR P vs. UNION OF INDIA THROUGH SECRETARY

Neutral Citation Number: 2023/DHC/001522 $~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: March 01, 2023 + W.P.(C) 2605/2023 SASI KUMAR P ..... Petitioner Through: Mr. Bijo Mathew Joy with Ms. Manu Krishnan, Advocates Versus UNION OF INDIA THROUGH SECRETARY & ORS ..... Respondents Through: Mr. Virender Pratap Singh Charak with Ms. Shubhra Parashar and Mr. Prashant Rawat, Advocates for respondentsnos. 1 to 5. Sub Ram Niwas and NB Sub Shyam Singh Negi for UOI. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE MINI PUSHKARNA J U D G M E N T (oral) 1. The present petition has been filed by the petitioner seeking setting aside of the order dated 20.09.2022 and 20.12.2022 passed by respondents and to issue a writ of mandamus directing the respondents to give him last leg posting as per Para-61 of chapter XXIV of Record Office Instruction. W.P.(C) 2605/2023 Page 1 of 3 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:02.03.2023 13:17 Neutral Citation Number: 2023/DHC/001522 2. Counsel appearing on behalf of the petitioner submits that the petitioner had made a representation dated 30.08.2022 for his transfer to the respondents, however, the same has not been placed before the Competent Authority, which amounts to rejection of his representation. 3. Counsel appearing on behalf of the respondents on advance notice submits that various representations have been made by his wife approaching the respondents through VIPS, therefore, vide order dated 28.02.2023 the competent authority has taken the decision to take necessary action under CCS CCA Rules 1965 against the petitioner through unit concerned for bringing the outside influence in the service matter. 4. The case of petitioner is that similarly situated personnel, namely, Suresh K.N. who was posted in the respondent-department on 08.08.2021 and made a request for transfer on 26.04.2022; his representation was recommended to be decided by the competent authority. However, in the case of petitioner such decision was not taken and he has been directed to approach after completion of two years of the present posting. Counsel for petitioner submits that in this manner, the respondents have discriminated the petitioner. 5. Without going into the controversy and commenting upon the merits of the case, we hereby dispose of the present petition directing the respondents to place petitioner’s representation dated 30.08.2022 before the competent authority, who shall take decision within four weeks. The decision so taken shall be communicated to the petitioner within 3 days thereafter. Needless to say if the petitioner is still aggrieved he may challenge the same before the appropriate forum. W.P.(C) 2605/2023 Page 2 of 3 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:02.03.2023 13:17 Neutral Citation Number: 2023/DHC/001522 6. Consequently, the orders dated 30.09.2022 and 20.12.2022 are hereby quashed and this petition is accordingly disposed of. (SURESH KUMAR KAIT) JUDGE (MINI PUSHKARNA) JUDGE MARCH 1, 2023/ c W.P.(C) 2605/2023 Page 3 of 3 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Date:02.03.2023 13:17