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High Court of DelhiW.P.(C)/5609/2025

Virendar Singh v. District And Sessions Judge And ORS.

2025-04-30Hon'Ble Mr. Justice Prateek Jalan3 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5609/2025 (disposed of) VIRENDAR SINGH .....Petitioner Through:

Mr. Shashank Singh, Ms. Yogyata Jhunjhunwala and Ms.

Prapti Srivastava, Advocates.

versus DISTRICT AND SESSIONS JUDGE AND ORS. .....Respondents Through:

Mrs. Avnish Ahlawat, SC with Mr.

N.K.

Singh, Ms.

Laavanya Kaushik, Ms. Aliza Alam, Mr.

Mohnish Gupta, and Mr. Amitoj Chadha, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 27.05.2025 CM APPL. 33223/2025 (seeking modification of the order dated 30.04.2025) 1.

By way of the captioned writ petition under Article 226 of the Constitution, the petitioner assails the transfer order dated 20.03.2025 and relieving order dated 28.03.2025, by which he was transferred from his post at the Tis Hazari Courts to a post at the Rohini District Court. 2.

The writ petition was disposed of on 30.04.2025 with the following directions:

"2. The petitioner has annexed extensive medical records to show that he suffers from mental illness. He has submitted a representation dated 21.03.2025, to learned Principal District and Sessions Judge, HQ ["PD&SJ"], seeking retention in the Tis Hazari Court Complex or W.P.(C) 5609/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

transfer to the Rouse Avenue or Dwarka Court Complex for the reasons stated in the representation.

3. Without addressing the merits of the petitioner's request, I am of the view that the appropriate course is to request the learned PD&SJ to deal with the petitioner's representation having regard to the facts and circumstances of the case.

4. I am informed that the petitioner has placed the medical records also before the learned PD&SJ. If any further clarification, or reference to a medical board, is required, learned PD&SJ may give directions in this regard.

5. Until the learned PD&SJ has considered the matter and passes necessary directions, status-quo will be maintained to the petitioner's services."

3.

The petitioner has now filed this application seeking to place on record a communication dated 19.04.2025, by which the respondent - establishment sought to dispose of his representations dated 22.03.2025 and 24.03.2025. It is stated that this communication was not brought to the Court's attention on 30.04.2025, as it was received by the petitioner only on 01.05.2025.

4.

The communication dated 19.04.2025 conveys a rejection of the petitioner's representations without assigning any reasons. It is unclear from the said communication whether the petitioner's specific medical condition has been considered, in support of which he has placed medical records in this writ petition and also before the respondent. 5.

In these circumstances, Mrs. Avnish Ahlawat, learned Standing Counsel for the respondents, has taken instructions and states that the petitioner's representations will be reconsidered in line with the order dated 30.04.2025, and further orders will be passed as required. 6.

As the petitioner has already assumed charged of his present post pursuant to the impugned transfer order dated 20.03.2025, the respondent W.P.(C) 5609/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is requested to reconsider its earlier decision and passed a reasoned order within next four weeks from today.

7.

The application is disposed of with these directions. 8.

All rights and remedies remain reserved.

PRATEEK JALAN, J MAY 27, 2025 SS/SD/ W.P.(C) 5609/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.