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IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
Sandeep Kumar & Anr. - Petitioners
Versus
Union of India and Ors. - Respondents
W.P.(C) No. 1257 of 2023
Decided On : 01-02-2023
Medical Directorate – Seeking directions to Respondents Adjudicate – Petition has been filed seeking directions to respondents to adjudicate representation preferred before DG CRPF for consideration of representation in time bound manner – Held, Court hereby direct respondents to constitute a Board within two weeks from today said Board shall take final decision as per law within two weeks thereafter – Petition is disposed of.
JUDGMENT :
1. Present petition has been filed seeking directions to the respondents to adjudicate the representation dated 08.12.2022 preferred before the DG CRPF for consideration of the representation in a time bound manner.
2. Learned counsel for the petitioners submits that pursuant to order dated 15.11.2022 passed in W.P.(C) No.15654/2022 titled as "Sandeep Kumar & Ors. vs. Union of India & Ors." petitioner had made the representation dated 08.12.2022 through mail. However, it is stated by counsel for the respondents that it has been received on 25.01.2023 by the Medical Directorate.
3. In view of above, we hereby direct the respondents to constitute a Board within two weeks from today and the said Board shall take final decision as per law within two weeks thereafter.
4. Petition is, accordingly, disposed of.
The court emphasized the importance of timely adjudication of representations under Article 226 and issued a writ of mandamus to ensure the same.
The court established that while it can direct the consideration of representations, it does not dictate the outcome of such considerations.
Mandamus can be issued to compel public authorities to perform their duties when there is a failure to do so.
The court obliges timely resolution of pending representations to ensure administrative accountability in granting allowances, referencing procedural directives.
A writ of mandamus directing a public authority to consider a pending representation within a specified timeframe is permissible without expressing any opinion on the merits of the underlying claim.
Administrative authorities are required to address pending representations promptly, ensuring compliance with relevant government directives.
The court has the authority to direct a respondent to decide a petitioner's representation within a stipulated period of time.
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