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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Kirti Chaturvedi – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 1830 of 2023
Decided On : 13-02-2023
petitioner - Quashing of Allegations and Orders - The court disposed of the petition by granting the petitioner various liberties to file replies, appeals, and complaints against the allegations and orders mentioned in the petition.
Fact of the Case:
The petitioner sought to quash a signal alleging absence from duty, an un-communicated order awarding censure, and sought action against certain individuals for settling personal vendetta.
Finding of the Court:
The court disposed of the petition by granting the petitioner various liberties to file replies, appeals, and complaints against the allegations and orders mentioned in the petition.
Issues: Allegations of absence from duty, un-communicated censure order, and personal vendetta against the petitioner.
Ratio Decidendi: The court directed the petitioner to file replies, appeals, and complaints against the allegations and orders, and granted specific timelines for the competent authorities to decide on the matters.
Final Decision: The petition was disposed of, and the petitioner was granted various liberties to address the allegations and orders through appropriate legal channels.
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
i. To quash signal dated 21.01.2023 whereby it has been alleged that the petitioner is absent from duty w.e.f. 19.12.2022 to 30.12.2022;
ii. To quash un-communicated order whereby petitioner has been awarded censure on 20.01.2023;
iii. To direct the respondents to take up case of INSP/RO Prem Pal Singh, SI/RO Omprakash Yadav and ASI/RO Prameet Arora for making submission against the record and using their position to settle personal vendetta against the petitioner.
2. In view of the averments made in the present petition, with regard to prayer (i), we hereby dispose of the present petition by giving liberty to the petitioner to file reply to the communication dated 21.01.2023 within one week and on receipt of the same, respondents are directed to decide the same within two weeks thereafter and the decision taken shall be communicated to the petitioner in writing within one week thereafter.
3. With regard to prayer (ii) of the present petition, liberty is granted to the petitioner to file statutory appeal/representation before the competent authority and on receipt of the same, competent authority is directed to decide it within statutory period.
4. With regard to prayer (iii) of the present petition, petitioner is at liberty to make complaint against respondent nos.5 to 7 before the competent authority and on receipt of the same, the said authority shall decide it as per law.
5. In view of above, petition is disposed of.
Timely decision on revision petition
The court emphasized the importance of timely decision-making and providing a reasoned order in cases of appeal against removal from service.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
Emphasis on the need for a final decision on the petitioner's representation and the communication of the decision with a reasoned order
Timely decision on representations by administrative authorities is essential for ensuring administrative justice, as upheld by the court.
The court emphasized the importance of the respondents deciding on the petitioner's representation within a specified timeframe and communicating the decision with a reasoned order.
Concealment of material facts can impact the court's decision and may lead to the dismissal of a petition.
Timely adjudication of representation seeking refixation of seniority.
The court emphasized the importance of timely decision-making on the petitioner's representation and directed the respondents to communicate the decision with a reasoned order.
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