Heena Dobhal v. Union Of India & ANR.

#S9

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Delivered On : 20.11.2020 W.P.(C) 5228/2020 & CM APPL. 18849/2020 (Stay) HEENA DOBHAL ..... Petitioner versus UNION OF INDIA & ANR.

..... Respondents Advocates who appeared in this case:

For the Petitioner : Ms. Samridhi Arora, Advocate For the Respondents : Mr. Jagjit Singh, Senior Standing Advocate

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE TALWANT SINGH

J U D G M E N T

SIDDHARTH MRIDUL, J. (Open Court - via Video Conferencing) The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. 1.

The present writ petition under Articles 226 read with 227 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:- W.P.(C) 5228/2020 Page 1 of 3

"A.

Issue an appropriate Writ quashing the impugned order dated 30.07.2020 passed by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi, in Original Application No. 100/957/2020; and B.

Issue a writ in the nature of certiorari quashing and setting aside transfer order dated 02.03.2020 issued by the Respondent No. 2; and C.

Issue a writ in the nature of mandamus or any other writ or direction directing the Respondents to consider the representations of the Petitioner dated 27.04.2020 and 13.05.2020 and accommodate the Petitioner as on the position of DMO/HU/Dehradun; and D.

Pass such further and other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2.

A perusal of the order reveals that, the petitioner's challenge to the order of transfer dated 02.03.2020, was rejected by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the 'Hon'ble CAT'). 3.

Ms. Samridhi Arora, learned counsel appearing on behalf of the petitioner, limits the relief in the present petition, to a direction to the official respondents to decide the representation dated 27.04.2020, addressed by her, to the General Manager, Northern Railway, Baroda House, New Delhi, which is still pending determination by the latter. 4.

Having heard learned counsel appearing on behalf of the parties and in the facts and circumstances of the case, the writ petition is disposed of, with a direction to the Competent Authority of the respondents, to decide the representation dated 27.04.2020, annexed as W.P.(C) 5228/2020 Page 2 of 3

'Annexure P-10', to the present writ petition, filed on behalf of the petitioner, with a period of four weeks from today, in accordance with law, by way of a speaking order, under intimation to the petitioner. 5.

No further directions are prayed for.

6.

With the above direction, the writ petition is disposed of. The pending application also stands disposed of.

SIDDHARTH MRIDUL (JUDGE) TALWANT SINGH (JUDGE) NOVEMBER 20, 2020/dn/rs Click here to check corrigendum, if any W.P.(C) 5228/2020 Page 3 of 3