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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Patel Hasmukh Bhai & Ors. – Appellants
Versus
Union of India Through Secretary Mha & Anr. – Respondents
W.P.(C) 2599 of 2023 & CM APPL. 10022 of 2023
Decided On : 01-03-2023
Certiorari - Recovery of Risk and Hardship Allowance - The court granted the petitioners the liberty to make a final representation to the respondents regarding the recovery of risk and hardship allowance. The respondents were directed to decide the representation within two weeks, considering relevant Office Memorandum and policies, and communicate the decision to the petitioners within three days. The respondents were further directed not to affect any recovery till the decision of the representation.
Fact of the Case:
The petitioners sought a Writ of Certiorari to quash the impugned order for recovery of risk and hardship allowance issued by the Deputy Inspector General, SHQ, BSF, Bhuj in favor of 57 petitioners. The respondents submitted that the petitioners could make a representation regarding the order, which would be decided as per law.
Finding of the Court:
The court disposed of the petition by granting the petitioners the liberty to make a final representation to the respondents within one week. The respondents were directed to decide the representation within two weeks, considering relevant policies, and communicate the decision to the petitioners within three days. The respondents were further directed not to affect any recovery till the decision of the representation.
Issues: The main issue was the petitioners' grievance regarding the recovery of risk and hardship allowance and their request to quash the impugned order.
Ratio Decidendi: The court's decision was influenced by the principle of granting the petitioners the opportunity to make a final representation and ensuring that the respondents consider relevant policies before deciding on the representation.
Final Decision: The court disposed of the petition, granting the petitioners the liberty to make a final representation to the respondents within one week and directing the respondents to decide the representation within two weeks, considering relevant policies, and communicate the decision to the petitioners within three days. The respondents were further directed not to affect any recovery till the decision of the representation.
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a Writ of Certiorari or any other writ order or direction thereby call for records and quash the impugned order/communication dated 06.02.2023 issued Audit Para 4.19 issued by the DIG, SHQ, BSF, BHUJ (Annexure-P1) in favour of 57 petitioners."
2. Learned counsel appearing on behalf of the respondents on advance notice submits that if the petitioners have any grievance regarding the Order dated 06.02.2023 passed by the Deputy Inspector General, SHQ, BSF, Bhuj for recovery of risk and hardship allowance, they may make a representation to the respondents and the same shall be decided as per law.
3. Accordingly, we hereby dispose of the present petition by granting liberty to the petitioners to make a final representation to the respondents within one week from today, and on receipt of the same, the respondents are directed to decide the representation of the petitioners within two weeks thereafter and while deciding the petitioners' representation, the respondents shall take into consider the Office Memorandum bearing number No.II-27012/40/CF-3396706/2017-PF-I dated 31.07.2017 issued by the Ministry of Home Affairs, Government of India and any other subsequent policy, if any.
4. The decision, so taken, shall be communicated to the petitioners in writing within three days thereafter.
5. The respondents are further directed not to affect any recovery till the decision of the representation of the petitioners.
6. Accordingly, the present petition along with pending application is disposed of.
7. Needless to state, if the petitioners are still aggrieved by the decision of the respondents, they may challenge the same before the appropriate forum.
The main legal point established in the judgment is the principle of granting the petitioners the opportunity to make a final representation and ensuring that the respondents consider relevant polici....
The court emphasized the importance of considering relevant Office Memorandum and subsequent policy in deciding the petitioners' representation and communicating the decision within three days.
The court has the authority to issue a writ to compel a respondent to decide on a representation within a specified timeframe.
Violation of principles of natural justice by not affording the petitioner an opportunity to defend against the allegations before passing the recovery order.
The court emphasized the importance of considering the petitioner's representation and making a reasoned decision within a specified timeframe.
Authorities must decide representations promptly as part of their duty to ensure timely justice.
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 has the power to quash a show cause notice and can provide specific instructions for the process to be followed by the respondents.
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