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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Manohar Singh Chana, Ex. Acio-ii/ib – Appellant
Versus
Sh. Rajiv Jain – Respondent
W.P.(C) 1482 of 2023
Decided On : 21-02-2023
Liberty - Representation against Order - The court granted the petitioner liberty to make a representation against the impugned order to the Department of Personnel and Training (DoP&T), with a directive for the DoP&T to decide the representation within four weeks and communicate the decision to the petitioner.
Fact of the Case:
The petitioner sought to set aside an impugned order and restore CP to its original place. The petitioner requested to make a representation to the Department of Personnel and Training (DoP&T) against the Order dated 01.08.2019.
Finding of the Court:
The court disposed of the petition by granting liberty to the petitioner to make a representation against the Order dated 01.08.2019 to the DoP&T, with a directive for the DoP&T to decide the representation within four weeks and communicate the decision to the petitioner.
Issues:
Ratio Decidendi: The court's decision was influenced by the petitioner's request to make a representation to the DoP&T and the court's directive for the DoP&T to decide the representation within a specified timeframe.
Final Decision: The petition was disposed of with the grant of liberty to the petitioner to make a representation against the impugned order to the DoP&T, and a directive for the DoP&T to decide the representation within four weeks and communicate the decision to the petitioner.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"(i) Set aside the impugned order dated 13.12.2022 passed in MA No. 3261/2022 in C.P. 284/2018;
(ii) Allow this writ petition by restoring CP to its original place."
2. The petitioner in person submits that the Order dated 01.08.2019 has been wrongly passed by the respondent and he prays that he would like to make a representation to the Department of Personnel and Training (DoP&T), Ministry of Personnel, Public Grievances and Pensions, Government of India which will look into the matter and take the decision thereof.
3. Accordingly, we hereby dispose of the present petition by granting liberty to the petitioner to make a representation against the Order dated 01.08.2019 passed by the respondent to the DoP&T, and on receipt of the same, the DoP&T is directed to decide the representation of the petitioner within four weeks and the decision so taken, shall be communicated to the petitioner in writing within one week thereafter.
4. Needless to state that if the petitioner is still aggrieved by the decision of the DoP&T, he may challenge the same before the appropriate forum.
5. Accordingly, the present petition is disposed of along with pending application, if any.
Timely decision on representations by administrative authorities is essential for ensuring administrative justice, as upheld by the court.
Timely decision on revision petition
Timely adjudication of representation seeking refixation of seniority.
Emphasis on the need for a final decision on the petitioner's representation and the communication of the decision with a reasoned order
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The court emphasized the importance of timely decision-making on representations made by petitioners.
The court obliges timely resolution of pending representations to ensure administrative accountability in granting allowances, referencing procedural directives.
The court emphasized the importance of the respondents deciding the petitioner's representation and communicating the decision with a reasoned order, in line with the petitioner's request for retenti....
Timely decision on representations and communication of reasoned orders by the respondents.
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