Delhi High Court
State Of West Bengal vs Tushar Singla & Anr. on 15 November, 2022
Neutral Citation Number : 2022/DHC/004944
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15.11.2022
+ W.P.(C) 15696/2022
STATE OF WEST BENGAL ..... Petitioner
versus
TUSHAR SINGLA & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Madhumita Bhattacharjee, Advocate.
For the Respondents: Mr. Sh. Mayank Jain with Ms. Aakriti Dhawan
Advocate (GP).
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 48841-42/2022 (for exemption)
Allowed, subject to all just exceptions.
W.P.(C) 15696/2022 & CM APPL. 48843/2022 (for stay)
1. Petitioner - State of West Bengal impugns order dated 31.08.2022,
whereby the Original Application ('OA') filed by respondent No.1 has
been allowed.
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:18.11.2022 15:23:02
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004944
2. Respondent No.1 had impugned the order dated 17.06.2021 passed
by the petitioner whereby, the request of the respondents for grant of No
Objection Certificate ('NOC') for an inter cadre transfer on the ground of
marriage was declined.
3. Respondent No.1 is an Indian Administrative Officer of 2015 batch
of West Bengal Cadre. In 2020 he got married to one Mrs. Navjot Simi, an
Indian Police Service (IPS) Officer of 2018 batch of Bihar cadre.
Respondent No.1 made an application on 03.06.2021 to the petitioner
requesting for an inter-cadre transfer from State of West Bengal to the
State of Bihar on the ground of marriage. The State of Bihar conveyed its
consent for the Inter-Cadre transfer on 23.06.2021, however the State of
West Bengal i.e. the petitioner vide their impugned order dated
17.06.2021 rejected the request of the respondent No.1 for transfer.
4. Impugning the rejection of request by the State of West Bengal,
respondent No.1 filed the subject O.A which has been disposed of by
order dated 31.08.2022 directing the petitioner to pass necessary orders for
relieving respondent No.1 on inter-cadre transfer within a period of two
months of the order. It further directed that in case the order is not passed
within a period of two months the officer shall be deemed to have been
relieved by virtue of the order of the Tribunal.
5. The order of the Tribunal is 31.08.2022 and the subject petition has
been filed after the expiry of two months on 02.11.2022. So technically
the order of the Tribunal has also come into effect and there is deemed
relieving of respondent No.1.
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:18.11.2022 15:23:02
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004944
6. The Tribunal has relied upon the order of the Supreme Court in
Civil Appeal No(s). 2425/2022 in The State of West Bengal vs. Reena
Joshi and Another decided on 26.04.2022 and the order of this Court in
W.P.(C) 2262/2022 in Government of West Bengal vs. Arsh Verma and
Others, W.P.(C) 4048/2021 in State of West Bengal vs. Gandharva
Rathore & Others, W.P. (C) 13444/2019 titled as Bhavna Gupta vs. The
Union of India and Others, W.P.(C) 3927/2020 titled as Loganayagi
Divya V. vs. Union of India and Others and W.P.(C) 11966/2018 titled as
The State of West Bengal vs. Raj Karan Nayyar and Another. Following
the said decisions, the Tribunal has allowed the OA.
7. In identical circumstances, this Bench also by judgment dated
17.08.2022 in W.P.(C) 11278/2022 titled State of West Bengal vs.
Alankrita Pandey & Ors., rejected a similar petition filed by the petitioner
and directed the petitioner to issue a NOC within two weeks, failing
which, it would be deemed that the officer stood relieved.
8. Reliance placed by learned counsel for the petitioner on Rule 5(2)
of the Indian Administrative Service (Cadre) Rules, 1954 and further issue
with regard to shortage of officers in the West Bengal Cadre and the offer
of the petitioner for an inter cadre transfer being made qua the husband
have already been dealt with by the Supreme Court in The State of West
Bengal vs. Reena Joshi & Anr. (supra). In respect of the reliance placed
by the counsel on Rule 5(2) of the Indian Administrative Service (Cadre)
Rules, 1954, it may be noticed that the said issue is under consideration
before the Supreme Court. However, the Supreme Court has declined to
interfere with the order of transfer, in that case.
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:18.11.2022 15:23:02
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004944
9. We notice that the subject case is squarely covered by the decision
of a Co-ordinate Bench in W.P.(C) 5533/2021 titled Lakshmi Bhavya
Tanneeru vs. Government of West Bengal and Others dated 16.11.2021,
as also the judgment dated 17.08.2022 in Alankrita Pandey (supra).
10. In that view of the matter, we find no merit in the petition. The
petition is consequently dismissed.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
NOVEMBER 15, 2022
rk
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:18.11.2022 15:23:02
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
