Judgment Summary — W.P.(C) 10144/2022: Sunil Kumar & Anr. v. Union of India & Anr. (Delhi High Court, 05.08.2022)
Factual and Procedural Background
The petitioners filed Writ Petition (Civil) No. 10144/2022 seeking partial quashing of an impugned signal dated 19.04.2022 issued by the Deputy Director (Medical), CRPF, insofar as it related to the transfer of petitioner No.2. The petition also sought quashing of a relieving order dated 21.06.2022 issued by the Deputy Director (Medical), CRPF directing the immediate release of petitioner No.2. Further reliefs sought included directions to either post petitioner No.2 at Group Centre, Jalandhar, or to post both petitioners together at an appropriate location where medical facilities were available for the father of petitioner No.1.
During proceedings, learned counsel for the respondents informed the Court that pursuant to an order dated 19.07.2022, petitioner No.2 (the wife) was promoted and posted in Gandhinagar, Gujarat, and that petitioner No.1 (the husband) has subsequently been transferred to the same place where petitioner No.2 is posted.
The Court recorded that, in view of these developments, nothing survives in the petition and disposed of the petition. The pending application was also disposed of.
Legal Issues Presented
- Whether the impugned signal dated 19.04.2022 issued by the Deputy Director (Medical), CRPF, insofar as it related to the transfer of petitioner No.2, should be quashed.
- Whether the impugned relieving order dated 21.06.2022 directing the forthwith release of petitioner No.2 should be quashed.
- Whether the respondents should be directed to post petitioner No.2 at Group Centre, Jalandhar, or to post the petitioners together at a location where medical facilities are available for the father of petitioner No.1.
Arguments of the Parties
Petitioners' Arguments
- The petitioners sought partial quashing of the transfer signal dated 19.04.2022 in respect of petitioner No.2.
- They sought quashing of the relieving order dated 21.06.2022 that directed the release of petitioner No.2 forthwith.
- They requested directions to post petitioner No.2 at Group Centre, Jalandhar, or to post both petitioners together at any appropriate location where medical facilities are available for the father of petitioner No.1.
Respondents' Arguments
- Respondents' counsel informed the Court that an order dated 19.07.2022 had resulted in the promotion and posting of petitioner No.2 to Gandhinagar, Gujarat.
- It was also stated that petitioner No.1 has now been transferred to the same location where petitioner No.2 is posted.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court's analysis, as recorded in the oral judgment, was succinct and fact-driven. The Court took note of the respondents' submission that subsequent administrative action (an order dated 19.07.2022) had led to the promotion and posting of petitioner No.2 to Gandhinagar, and that petitioner No.1 had been transferred to the same location. On the basis of these developments, the Court concluded that the primary reliefs sought in the petition — namely quashing the transfer/relieving orders or directing specific postings — had effectively been rendered otiose because the factual situation sought by the petitioners (being posted together or petitioner No.2 posted at a specified location) had been achieved by the respondents' actions.
There is no extended legal analysis or citation of legal principles in the text; the disposition turned on the factual update communicated by the respondents and the consequent lack of any live controversy requiring adjudication.
Holding and Implications
DISPOSED OF.
The Court disposed of W.P.(C) 10144/2022 on the basis that intervening administrative actions (promotion and posting of petitioner No.2 and the transfer of petitioner No.1 to the same location) rendered the petitionary reliefs redundant. The Court also disposed of the pending application.
Implications: The direct effect is that the petition is dismissed as having no remaining controversy for adjudication. The opinion does not discuss broader legal consequences or lay down any new legal precedent.
Source: Oral judgment delivered by the High Court of Delhi on 05.08.2022 in W.P.(C) 10144/2022 (Sunil Kumar & Anr. v. Union of India & Anr.). This summary is confined to the information contained in the provided opinion text.
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