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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Niraj Pradhan – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 1442 of 2023
Decided On : 06-02-2023
Exemption - Promotion - The court allowed the application for exemption and directed the applicant to file requisite legible copies of documents and annexures within four weeks. The petitioner sought direction to reconsider his case for promotion, and the court directed the respondents to take a final decision on the representation made by the petitioner within four weeks after all formalities are completed.
Fact of the Case:
The petitioner sought direction to reconsider his case for promotion. The representation made by the petitioner had not been decided by the respondents.
Finding of the Court:
The court directed the respondents to take a final decision on the representation made by the petitioner within four weeks after all formalities are completed.
Issues: Delay in decision on the petitioner's representation for promotion.
Ratio Decidendi: The court emphasized the need for the respondents to take a final decision on the petitioner's representation within a specified timeframe.
Final Decision: The court disposed of the petition by directing the respondents to take a final decision on the representation made by the petitioner within four weeks after all formalities are completed.
JUDGMENT (Oral)
CM APPL.5407/2023 (exemption)
1. The application is allowed, with a direction to the applicant to file requisite legible copies of documents and annexures within four weeks.
2. The application is accordingly disposed of.
W.P.(C) 1442/2023
3. The petitioner in his present petition has made following prayer:
i) To direct the respondents to reconsider the petitioners case for promotion.
4. The petitioner had made a representation and which has been replied by the respondents vide Letter dated P-A-01/2021-D/117. However, the representation till date has not been decided.
5. The petitioner shall complete all the formalities as mentioned in letter dated 07.06.2021 within two from today.
6. We hereby disposed of the present petition by directing the respondents to taken final decision on the representation made by the petitioner within four weeks after all the formalities are completed by the petitioner.
7. Needless to say that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
8. The petition is accordingly disposed of.
The court emphasized the importance of timely decision-making on representations for promotion.
The court directs that a fresh representation must be made by the petitioner for promotion, ensuring a timely response from the competent authority.
The court emphasized the duty of administrative bodies to act on representations respecting judicial precedents, reinforcing the right to timely promotion opportunities.
The court has the authority to direct a respondent to decide a representation within a specified timeframe without commenting on the merit of the controversy.
Government authorities must decide representations promptly, ensuring procedural obligations are met without adjudicating the merits of the controversy.
Timely decision on representations is essential, and the court has the authority to direct the respondent to decide the representation within a specified timeframe.
The court emphasized the importance of communication from the respondents and provided the petitioner with the option to challenge the decision if aggrieved.
The court mandated timely consideration of resignation requests submitted by the petitioner, ensuring the right to appeal any adverse decision.
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