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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sandeep Kumar & Ors. – Appellants
Versus
Union of India & Anr. – Respondents
W.P.(C) 3492 of 2023
Decided On : 21-03-2023
Mandamus - Restoration of Abolished Posts - The court directed the respondents to take a final decision on the recommendations made by the Board within three months and communicate the decision to the petitioners within one week thereafter.
Fact of the Case:
The petitioners sought a mandamus or other appropriate writ to direct the respondents to carry out the exercise for restoration of 200 posts which were abolished, and to quash the impugned order dated 18.06.2019.
Finding of the Court:
The court disposed of the petition, stating that the issue was pending consideration before the respondents and directed them to take a final decision on the recommendations made by the Board within three months and communicate the decision to the petitioners within one week thereafter.
Issues: Prematurity of the present petition and maintainability.
Ratio Decidendi: The court found the present petition premature as the issue was still pending consideration before the respondents.
Final Decision: The present petition was disposed of, and the respondents were directed to take a final decision on the recommendations made by the Board within three months and communicate the decision to the petitioners within one week thereafter.
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a Mandamus or any other appropriate writ, order or direction thereby directing the respondents to carry out the exercise initiated by the Org. Branch of CRPF vide UO dated 12/07/2019 for restoration of 200 posts which were abolished vide GoI/MHA letter dated 18/06/2019 as mentioned in Annexure P-15 which is pending before ADG (Medical) CAPFs from 04/09/2020 in a time bound manner.
b.) Issue a writ of Certiorari or any other appropriate writ, order or direction thereby calling for records of the impugned order dated 18.06.2019 and quash the same."
2. Learned counsel for the petitioners submits that pursuant to the directions passed vide Judgement dated 01.02.2023 in W.P.(C) 1257/2023 titled Sandeep Kumar & Anr. vs. Union of India And Ors., the Board of Officer was constituted vide Medical Dte Signal No. O.IV-2/2023-Med-II dated 14.02.2023 to take a final decision on the Representation dated 08.12.2022 of the petitioners. The recommendations/decision of the said Board are as under:
"The issue has been examined by the Board in the light of communication/updates provided by the Organization Branch of Directorate, CRPF and extant instructions of the Government issued from time to time in connection with Cadre Reviews and Board opined that:
Creation/abolition/up-gradation of any Post does not come under the sole domain of CRPF. There is a very comprehensive and well defined exercise for creation/abolition of posts which are processed by CRPF, examined by MHA and approved by MHA/Ministry of Finance. In this case MHA also undertook comprehensive exercise/going through the present scenario/all the pros & cons by which many posts in various ranks have been created/abolished/up-graded. Further, proposal for restoration/creation of 200 posts (190 posts of ASI/Pharmacist & 10 posts of CT/NA/Medics) is presently under consideration & held with ADG (Medical) CAPFNSG& AR due to ban imposed by MoF (DoE) for creation of posts vide OM dated 04/09/2020. Same is being pursued/processed. Moreover government reserves the right to Create or Abolish any post as per administrative feasibility."
3. Learned counsel appearing on behalf of the respondents, on advance notice, submits that since the above-mentioned issue is still pending consideration before the respondents, therefore, the present petition is premature and is not maintainable.
4. In view of the above, we hereby dispose of the present petition directing the respondents to take a final decision on the Recommendations dated 22.02.2023 made by the Board within three months from today.
5. The decision, so taken, shall be communicated in writing to the petitioners within one week thereafter.
6. Accordingly, the present petition is disposed of.
Judicial intervention is warranted when there is undue delay in responding to representations made by citizens, affirming the right to timely administrative action.
The court affirmed the necessity for procedural fairness in administrative decision-making, particularly in response to representations regarding recruitment vacancies.
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Misuse of judicial process through filing repeated applications and writ petitions is not permissible.
The court emphasized the importance of timely adjudication of representations under Article 226 and issued a writ of mandamus to ensure the same.
The court emphasized the importance of timely decision-making in the context of Cadre Review for Tradesman Cadre and directed the respondents to adhere to specific timelines for the decision and appr....
The court upheld the dismissal of the petitioner under the CRPF Act, affirming the authority's findings and directing compliance with procedural requirements for consequential orders.
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