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Judgment
Sunil Gaur, J
Vide impugned order of 28th December, 2016 (Annexure P-21), petitioner has been sent on new assignment as Deputy Manager (IT)-PPS-III,
Bawana against which petitioner had made a representation (Annexure P-29) on 29th October, 2017 i.e. after about one year. The grievance of
petitioner is that his Representation (Annexure P-29) has not been decided till date. Learned counsel for petitioner relies upon a decision of a
coordinate Bench of this Court in 2015 SCC Online Del 8589 Sh.M.K.Saini Vs. Indraprashta Power Generation Co.Ltd. (IPGCL) to submit that the
impugned transfer is illegal.
In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with direction to first respondent to consider
petitioner’s representation (Annexure P-29) if not already done and to pass a speaking order thereon in light of the decision in M.K.Saini (supra)
and the applicable Rules/Regulations, within a period of four weeks and the fate of the Representation be conveyed to petitioner within a week
thereafter, so that petitioner may avail of the remedy as available in law.
This petition and the accompanying applications are disposed of in the above terms.
