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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Gaurang Kanth, JJ.
Lokesh Yadav – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 4721 of 2023
Decided On : 17-04-2023
Certiorari - Writ Petition - The court disposed of the petition directing the respondents to treat the petition as a representation of the petitioner and take a decision on the same, on the lines of a judgment rendered by the Hon'ble Supreme Court.
Fact of the Case:
The petitioner sought the quashing of an impugned order and the release of consequential benefits.
Finding of the Court:
The court disposed of the petition directing the respondents to treat the petition as a representation of the petitioner and take a decision on the same, on the lines of a judgment rendered by the Hon'ble Supreme Court.
Issues: Petitioner seeking relief through writ petition, applicability of a judgment by the Hon'ble Supreme Court.
Ratio Decidendi: The court directed the respondents to treat the petition as a representation of the petitioner and take a decision on the same, on the lines of a judgment rendered by the Hon'ble Supreme Court.
Final Decision: The present petition is disposed of, directing the respondents to treat the petition as a representation of the petitioner and take a decision on the same, on the lines of a judgment rendered by the Hon'ble Supreme Court, within 8 weeks from today.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner seeks following reliefs:
"a.) Issue a writ, order or direction in the nature of certiorari quashing or setting aside the impugned order dated 11.12.2020 and the appellate order dated 01.11.2021/22.10.2021 to the extent it inflicts 3 punishments upon the Petitioner simultaneously;
b) Issue a writ order or direction in the nature of Mandamus directing the Respondents to release all consequential benefits of the Petitioner."
2. Learned counsel on behalf of the petitioner submits that the present petition is fully covered by the judgment rendered by the Hon'ble Supreme Court in Krushnakant B. Parmar vs. Union of India & Anr., Civil Appeal No. 2106/2012 decided on 15.02.2012.
3. Accordingly, we hereby dispose of the present petition directing the respondents to treat the petition as a representation of the petitioner and take a decision on the same, on the lines of aforesaid judgment rendered by the Hon'ble Supreme Court, within 8 weeks from today.
4. The decision, so taken, shall be communicated to the petitioner with a reasoned order within one week thereafter.
5. Accordingly, the present petition is disposed of.
The court directed the respondents to treat the petition as a representation of the petitioner and take a decision on the same, on the lines of a judgment rendered by the Hon'ble Supreme Court.
The need for time-bound decision-making by authorities, taking into account relevant circumstances such as ongoing criminal cases.
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.
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....
Timely decision on appeal and communication of reasoned order.
Authorities must decide representations promptly as part of their duty to ensure timely justice.
The court emphasized the importance of timely adjudication of representations under Article 226 and issued a writ of mandamus to ensure the same.
The main legal point established is the court's authority to dispose of a petition when the respondents agree to revise the seniority list and provide consequential benefits if found eligible.
The court has the authority to issue a writ to compel a respondent to decide on a representation within a specified timeframe.
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