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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Chaudhary Hitesh Kumar – Appellant
Versus
Union of India – Respondent
W.P.(C) 5065 of 2023
Decided On : 21-04-2023
Petition - Reinstatement in Service - Court directs respondents to decide on revision petition within four weeks
Fact of the Case:
The petitioner sought reinstatement in service with all consequential benefits and to quash the impugned order of removal from service.
Finding of the Court:
The court directed the respondents to take a final decision on the revision petition within four weeks and communicate the decision to the petitioner.
Issues: Prayer for reinstatement, quashing of removal order, delay in deciding revision petition
Ratio Decidendi: The court emphasized the need for the respondents to decide on the revision petition and provided a timeline for the decision.
Final Decision: The petition is disposed of with the direction for the respondents to decide on the revision petition within four weeks.
JUDGMENT (Oral)
1. The petitioner in his petition has made following prayers:
a) To command the respondents to forthwith reinstate the petitioner in service with all consequential benefits including arrears of pay, pay fixation, seniority etc and his suspension, if any, be treated as spent duty for all purposes.
b) To quash the impugned order dated 24.07.2021 of removal from service passed arbitrarily with mala fide intentions.
2. Learned counsel for the petitioner submits that against the appellate Order dated 20.12.2022, the petitioner has filed a revision petition dated 27.01.2023, however, till date the said revision petition has not been decided by the respondents.
3. We hereby dispose of the present petition directing the respondents to take final decision on the revision petition dated 27.01.2023 within four weeks and the decision so taken shall be communicated to the petitioner within one week thereafter.
4. Needless to say that if the petitioner still feels aggrieved by the decision so taken, he may challenge the same before the appropriate forum.
5. The petition is accordingly disposed of.
Timely decision on revision petition
The court emphasized the importance of timely decision-making and providing a reasoned order in cases of appeal against removal from service.
Timely adjudication of representation seeking refixation of seniority.
The court emphasized the importance of timely decision-making by directing the respondents to decide the mercy petition within a specified timeframe.
Delay and laches can impact the admissibility of a petition, especially when seeking relief related to pension release.
The court directed timely resolution of pending petitions, emphasizing the importance of administrative efficiency in handling mercy petitions.
A public authority has a legal duty to dispose of a pending statutory memorial or representation within a reasonable time, particularly when the underlying grounds for disciplinary action, such as a ....
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
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