Din Dayal vs Director General Central ...
2022 Latest Caselaw 1389 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                              Date of decision: 09.05.2022

+      W.P.(C) 7048/2022
       DIN DAYAL                                          ..... Petitioner
                           Through       Mr.P.Sureshan, Advocate.

                           versus

       DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY
       FORCE & ORS.                          ..... Respondents
                    Through Mr.Vikrant N.Goyal and Mr.Yash
                            Tandon, Advocates.

       CORAM:

       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                           J U D G M E N T (oral)

CM APPL. 21619/2022 & CM APPL. 21620/2022 (exemptions)

1. Exemptions allowed, subject to just exceptions.

2. Applications are disposed of accordingly.

W.P.(C) 7048/2022 and CM APPL.21618/2022 (Stay)

1. By this petition, the petitioner seeks as under:

"

a) To issue a writ of mandamus directing the respondent, DG CISF, New Delhi, to retain the petitioner at any CISF units of NCRC Delhi or post him to his home sector in terms of the circular dated 25.9.2017 as he is now in the verge of

retirement.

b) Quash and set aside the Service orders, qua petitioner, dated 28.3.2022, 1.4.2022 and 7.4.2022 with subject as 2nd Change of Sectors between NS an NCRS -2022 wherein petitioner has been transferred from the present Unit of DMRC Delhi to THDC Tehri , Uttarkhand.

c) Direct the respondents to pay cost of this litigation to the petitioner."

2. It is not in dispute that the petitioner is in 4th tenure and as per the policy of the respondent, in 4th tenure, he should be posted in 'Home Sector'.

3. The petitioner made representation for him to be posted in NCRC Delhi. However, he has been posted in Uttarakhand which comes under North Sector.

4. Since the petitioner has made requests for posting in home sector i.e. the Eastern Sector, therefore, we hereby dispose of the present writ petition directing the respondents to consider his request to post him in home sector i.e. Eastern Sector within one week from today.

5. The Circular dated 1st April, 2022 shall remain stayed qua the petitioner till consideration of the said request.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE May 9, 2022/ PB