Suresh Kumar Bhandari vs Union Of India And ors

L. Narasimha Reddy, J

The applicant was a DANICS Officer. He has been promoted to IAS. Through an order dated 15.06.2018, Ministry of Home Affairs transferred him to Goa. The order of transfer is challenged mainly on the ground that there are other IAS officers in Delhi similarly situated as the applicant but were staying for a long time, and the applicant has been chosen for transfer in a selective manner. It is also stated that a representation has been submitted by him to the competent authority pointing out the illness of his mother and wife, and the same is not considered as yet.

We heard Shri M.K. Bhardwaj, learned counsel for the applicant, Shri Hanu Bhaskar, learned standing counsel for respondent Nos.1 & 2 and Shri Manjeet Singh Reen, learned counsel for respondent No.3.

This is an ordinary case of transfer. We do not find any special circumstances. The fact, however, remains that the applicant submitted a representation, which, in turn, was forwarded by the Lt. Governor of Delhi to the Ministry of Home Affairs. Though, the order of transfer was passed on 15.06.2018, the applicant has been relieved only on 30.07.2018. Two more weeks of retention of the applicant till the disposal of the representation submitted by him should not make much of difference.

We, therefore, dispose of the OA directing the concerned authority to pass appropriate orders on the representation made by the applicant ventilating his grievance vis-a-vis transfer, within a period of two weeks from today. The order of transfer, insofar as it relates to the applicant, shall not be enforced for a period of two weeks from today. Further action shall depend upon the nature of the orders, that the competent authority may pass on the representation of the applicant.

Thee shall be no order as to costs.