13. Shri Datta submits that the order of the Delhi High Court dated 02.07.2019 has not been complied by the respondent. He submits that the respondents were required to issue order in regard to inter-cadre transfer of the appellant as State of Haryana has given consent for transfer. It was not open for the respondent to ask for consent of the appellant with regard to State of Nagaland, Manipur and Andhra Pradesh for inter-cadre transfer of the appellant. He submits that reasons cited in the letter are not relevant for the issue. He submits that inter-cadre transfer in the case of the appellant is on account of the extreme hardship to the appellant. By considering the case of extreme hardship a large number of officers, IAS officer, Central Government has always accommodated at their choice. He submits that letter dated 13.12.2019 was contemptuous and the Delhi High Court ought to have initiated contempt petition which erred in rejecting the same.

14. Shri Tushar Mehta, learned Solicitor General appearing for the respondent submits that no contempt was committed by the respondent. He submits that under the order of the Delhi High Court dated 02.07.2019 it was the Central Government who was to take decision regarding inter-cadre transfer of the appellant as per law. Shri Mehta referred to Rule 5(2) of IAS (Cadre) Rules, 1954 as well as O.M. dated 08.11.2004. He has relied on Clause 2(viii) of the O.M. dated 08.11.2004. He submits that if a request on the ground of threat is made the Central Government may initially send the officer on a three years deputation of State of its choice. He submits that the choice is of the Central Government where the officer is to be sent from one cadre to another cadre. He submits that no contempt was committed by the respondent in issuing the letter dated 13.12.2019. He further submits that the appellant cannot be sent to a State of his choice, it is the prerogative of Central Government to take a decision in which inter-cadre transfer is to be affected.

15. We have considered the submissions of the learned counsel for the parties and perused the records.

18. In the facts of the present case, we are of the view that present was not a case of any willful disobedience of the direction of the High Court dated 02.07.2019 and the High Court rightly refused to initiate contempt proceedings.

20. Under the order passed by the Delhi High Court dated 02.07.2019, the appellant’s inter-cadre transfer under Rules 1954 is to be affected by the Central Government. The proceedings of inter-cadre transfer are 13 awaiting finalization for the last more than two years. The appellant who is ready to render his services in any other State, which State needs to utilize his services for the welfare of the people. There is no doubt that it is the Central Government which is authority competent to transfer the appellant from one cadre to another. We are also of the view that the appellant cannot insist that he should be transferred to State of Haryana. We, however, are inclined to grant a liberty to the appellant to make a fresh representation to the Secretary, Department of Personnel and Training, Government of India in reference to letter dated 13.12.2019 within two weeks from today with regard to his inter-cadre transfer in light of judgment of Delhi High Court dated 02.07.2019. It shall be open for the appellant to give his willingness/consent with regard to any other State. The representation may be considered by the competent authority sympathetically and appropriate decision be communicated at an early date preferably within two months from the date of receipt of the representation.