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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sasi Kumar. P – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 5038 of 2023 & & CM APPLs. 19714 of 2023, 19715 of 2023
Decided On : 20-04-2023
Disciplinary Enquiry - Quashing of Charges - Relief from Posting
Fact of the Case:
The petitioner sought to quash the Memorandum of charges initiating the disciplinary enquiry against him and requested relief from his present posting.
Finding of the Court:
The court directed the respondents to take a final decision on the petitioner's representation within 10 days and communicate the decision with a reasoned order within 3 days thereafter.
Issues: Quashing of charges, relief from posting, maintainability of show-cause notice, decision on petitioner's representation
Ratio Decidendi: The court emphasized the need for a final decision on the petitioner's representation and the communication of the decision with a reasoned order.
Final Decision: The court disposed of the petition, directing the respondents to take a final decision on the petitioner's representation within 10 days and communicate the decision with a reasoned order within 3 days thereafter.
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 petition along with pending applications is disposed of.
7. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
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