A CISF personnel challenged his transfer from DMRC Delhi to ASG Cochin, seeking posting in home sector units per a 2017 circular. Counsel undertook that the respondent would decide the petitioner's representation within two weeks, and the petition was disposed of with an interim non-relief clause.
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versus
DIRECTOR GENERAL CISF AND ORS ..... Respondents Through: Mr. Rishabh Sahu Sr. Panel Counsel with Mr. Kapil Yadav, GP and Mr. Sameer Sharma, Adv
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 03.04.2024
CM APPLs. 19696/2024 & 19697/2024 (for exemption)
Exemption allowed subject to all just exceptions.
Applications are disposed of.
W.P.(C) 4810/2024 & CM APPL. 19695/2024
a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to post the petitioner in his home sector units at any other NCR Units in terms of the circular dated 25.9.2017 as he is now in his fourth tenure of posting.
b) Quash and set aside the order dated 12.3.2024, and letter 27.3.2024 , qua the petitioner, wherein petitioner has been transferred from the present Unit of DMRC Delhi to ASG Cochin after ignoring his entitlement to remain at any of the Home Sector Units.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 12:28:12
c) Direct the respondent to follow their policy guidelines while posting aged CISF personnel in Airport Sector Units.
d) Direct the respondents to pay cost of this litigation to the petitioner.
e) Any other further order/relief which is Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the petitioner and as against the respondent.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
APRIL 3, 2024 /rr
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 12:28:12
1 issue framed by the court
Whether the respondents should decide the petitioner's representation regarding posting in home sector units in accordance with law?
Mahipal Singh
Director General CISF and Ors
V. KAMESWAR RAO
SAURABH BANERJEE
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
