Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1906

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ram Pal Singh – Appellant
Versus
Union of India – Respondent
W.P.(C) 413 of 2023 & CM Appl. 1681 of 2023
Decided On : 13-01-2023

Advocates appeared:
Yogesh Kr. Mahur, Harkesh Parashar and Ms. Anshula Gupta, Advocates, for the Petitioner.
N.K. Aggarwal, Senior Panel Counsel, for the Respondent-1/UOI with M. Raja, Comdt. Law and Hemendra Singh, DC (Law), BSF.

Timely decision on appeal and communication of reasoned order.

Headnote:
Writ Petition - Relief for Quashing Dismissal Order and Reinstatement - Direction to Decide Appeal - Writ Disposed with Direction to Decide Appeal
Fact of the Case:

The petitioner sought relief to quash the dismissal order and reinstate to previous rank, or alternatively, to expedite the appeal against dismissal.
Finding of the Court:

The court directed the respondent to decide the appeal within three weeks and communicate the decision with a reasoned order.
Issues: Relief sought in the writ petition, delay in deciding the appeal, and potential grievance against the decision.
Ratio Decidendi: The court emphasized the need for timely decision on the appeal and provided a direction for the same.
Final Decision: The writ petition was disposed of with a direction to decide the appeal within a specified timeframe.

JUDGMENT (Oral)

1. Vide the present writ petition, the petitioner seeks following relief(s):

"i) Issue an appropriate Writ, order or directions to quash and set aside the impugned dismissal order dated 07.10.2022;

ii) Issue an appropriate Writ of Mandamus, order or directions to the respondents to Reinstate the petitioner forthwith on his previous rank, with all consequential benefits; Or in alternative

iii) Issue a Writ of Mandamus directing the respondents to 'Decide at earliest', the appeal preferred by the petitioner dated 25.11.2022 which has been filed on compassionate and other grounds against the dismissal order dated 07-10-2022; or

(iv) Pass any other order/orders which deem fit and proper in the interest of justice."

2. In view of the relief(s) sought by the petitioner, we hereby direct the respondent No.2/Director General, BSF, Frontier Headquarter to decide the appeal dated 25.11.2022 preferred by the petitioner within three weeks from today and communicate the decision thereof to the petitioner within one week thereafter with a reasoned order.

3. With the aforesaid directions, the present petition is disposed of.

4. Pending application also stands disposed of.

5. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.

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