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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Amar Nath Gope – Appellant
Versus
Director General Coast Guard Headquarters – Respondent
W.P.(C) 3351 of 2023 & CM APPLs. 12991 of 2023, 12992 of 2023
Decided On : 17-03-2023
resignation - military personnel - The court directed the respondents to consider the petitioner's request for resignation and to decide on the application within eight weeks.
Fact of the Case:
The petitioner sought the court's direction to consider the request for resignation and to decide on the application submitted to the respondent.
Finding of the Court:
The court directed the respondents to decide on the petitioner's application within eight weeks.
Issues: Consideration of resignation request and delay in decision-making.
Ratio Decidendi: The court emphasized the need for timely consideration and decision on the petitioner's resignation request.
Final Decision: The court disposed of the petition by directing the respondents to decide on the petitioner's application within eight weeks.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) To direct the respondent no. 1 to consider the request of resignation recommended by the commanding officers on 24.06.2021, 10.08.2021, 07.12.2021, 26.1.2022, 26.09.2022 and 06.12.2022;
b.) To direct the 1st Respondent to pass orders on the application for resignation submitted by the petitioner to the 4th Respondent on 28.11.2022."
2. Learned counsel on behalf of the petitioner submits that for the aforesaid reliefs, the petitioner filed the Representation dated 28.11.2022 to the respondent No. 1/Director General, Coast Guard, however, the same has not yet been decided.
3. Learned counsel appearing on advance notice for the respondents submits that pursuant to the Communication dated 22.02.2023, the petitioner has been asked to complete some formalities, but no reply to the Communication dated 22.02.2023 has been made by the petitioner.
4. Accordingly, we hereby dispose of the present petition by directing the respondents that on receipt of the reply of the petitioner pursuant to the Communicated dated 22.02.2023, the Representation dated 28.11.2022 of the petitioner shall be decided within eight weeks.
5. The present petition along with pending applications is disposed of.
Timely consideration and decision on resignation requests by military personnel.
The court emphasized the requirement for reasoned orders in decisions regarding the petitioner's request for resignation and discharge from service.
The court mandated timely consideration of resignation requests submitted by the petitioner, ensuring the right to appeal any adverse decision.
The court emphasized the importance of complying with the Guidelines dated 03.08.2017 in the decision-making process and allowed the petitioner to challenge the decision before the appropriate forum ....
Timely adjudication of representation seeking refixation of seniority.
Timely decision on representations by administrative authorities is essential for ensuring administrative justice, as upheld by the court.
The court mandated the timely adjudication of a representation against a retirement order to uphold efficient administrative processes in service matters.
Authorities must decide representations promptly as part of their duty to ensure timely justice.
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