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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sasi Kumar. P – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioner seeks following reliefs:
"a.) Quash and set aside the Memorandum of charges initiating the disciplinary enquiry against the petitioner and all subsequent proceedings made thereunder;
b) Issue a writ of mandamus or any other direction to the respondents 3 to 6 to relieve the petitioner from his present posting and allow him to join at the unit of his last leg posting."
2. The petitioner has already filed the Reply dated 04.03.2023 to the Show-cause Notice dated 24.02.2023 issued against him, wherein the petitioner in his Reply dated 04.03.2023 has stated that the said Show-cause Notice dated 24.02.2023 is not maintainable as per the procedure.
3. The petitioner has made the Representation dated 24.03.2023 to the respondents on which, no decision has been taken by the respondents.
4. Accordingly, we hereby dispose of the present petition directing the respondents to take a final decision on the Representation dated 24.03.2023 of the petitioner within 10 days from today.
5. The decision, so taken, shall be communicated to the petitioner with a reasoned order within 3 days thereafter.
6. Accordingly, the present petiti
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Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
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Timely consideration and decision on resignation requests by military personnel.
The court can issue a writ of Mandamus to compel a public authority to perform a duty imposed by law.
The power of judicial review under Article 226 is limited to ensuring the processes are in line with the Statutes and Rules, not to adjudicate factual disputes in departmental disciplinary proceeding....
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