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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Havna Bhartendu Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 5411 of 2023
Decided On : 27-04-2023
Mandamus - Annual Leave - The court directed the respondents to take a final decision on the petitioner's leave application within ten days from the date of the judgment.
Fact of the Case:
The petitioner sought a writ of Mandamus for sanctioning annual leave and concluding disciplinary proceedings.
Finding of the Court:
The court disposed of the petition by directing the respondents to make a final decision on the petitioner's leave application within ten days.
Issues: Sanctioning of annual leave, conclusion of disciplinary proceedings
Ratio Decidendi: The court's decision was based on the delay in considering the petitioner's leave application and the need for a prompt resolution.
Final Decision: The petition was disposed of with a direction to the respondents to decide on the petitioner's leave application within ten days.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) To pass writ of Mandamus against the respondents for sanctioning of the annual leave to the petitioner;
b.) To pass writ of Mandamus against the respondents to conclude the Disciplinary Proceedings in respect of the Petitioner if the same is not yet completed at the earliest."
2. Learned counsel for the respondents appearing on advance notice has informed this Court that the petitioner applied for leave on 18.03.2023 and the said application is still pending for consideration.
3. Accordingly, we hereby dispose of the present petition directing the respondents to take a final decision on Leave Application dated 18.03.2023 within ten days from today.
4. The present petition is disposed of.
The court can issue a writ of Mandamus to compel a public authority to perform a duty imposed by law.
Timely decision on leave application
The court has the authority to direct the respondents to make a final decision on pending leave applications.
The court has the authority to direct respondents to take a final decision on pending leave applications.
The court has the authority to direct the respondents to make a decision on pending leave applications.
Courts can direct respondents to take a final decision on pending leave applications within a specified timeframe.
The court directs the consideration of a petitioner's representation regarding unpaid leave salary within a stipulated timeframe.
A Writ of Mandamus can compel a statutory authority to fulfill its statutory duties.
Court directs expeditious final orders in disciplinary proceedings after inquiry completion.
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