Amit Kumar v. Member, Hr, Airports Authority Of India, New Delhi

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27996 of 2022 Amit Kumar ....

Petitioner Mr.Rakesh Behera,Advocate -versusMember, HR, Airports Authority of India, New Delhi & others ....

Opposite Parties .

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

26.10.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

Heard Mr.Behera, learned counsel for the Petitioner. 3.

The present writ application has been filed with the following prayer:

"It is therefore, humbly and most respectfully prayed that this Hon'ble Court may kind graciously be pleased to consider the facts stated in the writ petition, issue rule NISI to show cause as to why a writ of Certiorari shall not be issued to the Opposite Parties to quash the impugned order of transfer dated 11.10.2022 under Annexure-2 of the writ petition with regard to the present Petitioner namely, Amit Kumar for the interest of justice.

And may pass any other writ/writs, order/orders, direction/directions which would be deem fit and proper for the interest of justice.

And for which act of your kindness the Petitioner shall ever pray."

// 2 // 3.

It is submitted by the learned counsel for the Petitioner that while passing the transfer order the authorities have not followed the transfer guidelines issued by the Airports Authority of India. Further, learned counsel for the Petitioner tries to demonstrate before this Court as to how the authority has violated the guidelines in many respects.

4 .

However, considering the fact that the Petitioner has already approached the Member, (HR), Airports Authority of India, Opposite Party No.1 by filing a representation on 13.10.2022 and the same is stated to be pending before Opposite Party No.2, this Court without expressing any opinion on the merits of the matter, disposes of the writ application directing the Opposite Party No.1 to consider the representation of the Petitioner strictly in accordance with the guidelines/Rules and pass a speaking and reasoned order. However, it is made clear that in the event the Opposite Party No.1 feels that a personal hearing of the Petitioner is necessary, then the same shall also be adhered to and an opportunity of hearing be provided to the petitioner in the present case.

Let the Petitioner approach the authority with a certified copy of this order within one week from today. In the event the Petitioner approaches the authority along with the certified copy of this order, his representation under Annexure-5 shall be considered and disposed of within a period of eight weeks. It is made clear that till disposal of the representation under Annexure5, the order of transfer under Annexure-2 dated 11.10.2022 shall not be given effect to for a further period of four weeks. (A.K.