Ms. Neeraj Rawat v. Union of India & Ors

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

¶1Petitioner seeks quashing of transfer order dated 29.09.2022 whereby petitioner has been transferred from CISF Unit IOC Faridabad to CISF Unit of CGBS, Delhi.

¶2Petitioner had raised certain apprehensions with regard to posting at Delhi alleging that there was some incident with an officer of Delhi Police and as such she was apprehensive with regard to posting in Delhi.

¶3On 07.10.2022, this Court directed respondent not to give effect to the posting order and granted liberty to the petitioner to make a representation within one week.

¶4Learned counsel for respondent submits that in the representation, petitioner had sought posting in Faridabad or Delhi-Faridabad Metro Line with the condition that she be permitted to retain accommodation at Faridabad. He submits that said request was considered but could not be acceded to by the competent authority and keeping in view the apprehension expressed by the petitioner with regard to posting in Delhi, fresh transfer order has been issued transferring petitioner to Bahror, Rajasthan which is at a distance of about 150 kms from Faridabad and close to Neemrana, Rajasthan. He submits that posting order could not be given effect in view of the interim order passed by this Court.

¶5Learned counsel for petitioner further submits that petitioner has filed a criminal complaint against one officer of Delhi Police and prays that petitioner be not posted out till the complaint is decided or a charge-sheet is filed pursuant to the complaint filed by the petitioner.

¶6We are unable to accept the contentions of the petitioner. Petitioner is in a transferrable job and no ground has been stated as to how petitioner can continue to occupy or to be retained in one place of posting. It is informed that petitioner has already spent five years in Faridabad and six years in Delhi prior to that. Concern of the petitioner in the present petition has already been addressed by the respondent by withdrawing the earlier order vide which she was

posted to Delhi and the petitioner has now been posted to Bahror, Rajasthan which is at a travelable distance of about two-three hours from Delhi and Faridabad.

¶7Since impugned posting order dated 29.09.2022 has already been recalled and fresh posting order has been issued, we find no merit in the petition. Petition is consequently dismissed.

¶8Keeping in view the facts and circumstances of the case, petitioner is granted four weeks' time from today to join the new place of posting.

¶9Copy of the order be given dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

1.

MANOJ JAIN, J JULY 18, 2023 dr

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 18th July, 2023 W.P.(C) 13388/2022 + W.P.(C) 13388/2022 & CM APPL. 40648/2022 MS. NEERAJ RAWAT ..... Petitioner versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mohd. Faisal, Advocate. For the Respondents: Mr. Siddharth Khatana, Senior Panel Counsel for UOI with Ms. Seema Singh, GP. CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN