Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4513

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Amitabh Gupta – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 5673 of 2023 & CM APPL. 22204 of 2023
Decided On : 10-05-2023

Advocates appeared:
Mr.Hashmat Nabi, Ms.Shariqa Aftab, Advocates with petitioner in person, for the Petitioner.
Mr.Nirvikar Verma, SPC with Mr.Abhishek Khanna (GP) Sh.Nitin Chaturvedi, DC (Confd.) BSF & Sh.Hemandra Singh, DC (LAW) BSF, for the Respondent.

The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representations.

Headnote:
Rule 12 - Border Security Group 'A' Recruitment Rules, 2017 - The court directed the respondents to take a final decision on the representations filed by the petitioner within four weeks and communicate the decision with a reasoned order within one week thereafter.
Fact of the Case:

The petitioner sought to quash a letter and requested the respondents to reconsider their decision for the petitioner's promotion to the rank of commandant.
Finding of the Court:

The court disposed of the petition by directing the respondents to make a final decision on the petitioner's representations within four weeks and communicate the decision with a reasoned order within one week thereafter.
Issues: Promotion to the rank of commandant and disposal of representations filed by the petitioner.
Ratio Decidendi: The court emphasized the need for the respondents to make a final decision on the petitioner's representations within a specified time frame.
Final Decision: The court directed the respondents to take a final decision on the representations filed by the petitioner within four weeks and communicate the decision with a reasoned order within one week thereafter.

JUDGMENT (Oral)

1. Vide the present petition, petitioner prays as under:

a. To quash the impugned letter of respondent no.2 dated 19.04.2023;

b. To direct the respondents to exercise the power of relaxation vested under Rule 12 of the Border Security Group `A' Recruitment Rules, 2017 read with exemption clause in Para 5(i) of the memorandum dated 02.06.2012 relating to grant of relaxation in condition of 2/3 years Mandatory Field Service (MFS) issued by respondent no.1;

c. To direct the respondents to reconsider the case of the petitioner after the aforesaid relaxation and pass appropriate orders for promotion of the petitioner to the rank o f commandant;

d. To declare the action of the respondents in not considering the petitioner for promotion to the post of Commandant in the DPC held on 19.04.2023 as illegal and issue directions to the respondents to consider the claim of the petitioner for promotion to the post of Commandant by holding a review DPC without insisting on the condition of the completion of 2 years MFS;

e. To decide the request application dated 21.02.2023 and addendum request application dated 27.03.2023 at the earliest preferably within a particular time frame.

2. Learned counsel appearing on behalf of the petitioner, on instructions from the petitioner who is present in court, seeks permission to withdraw the present petition and requests that the representations dated 21.02.2023 and 27.03.2023 may be directed to be disposed of in a time bound manner.

3. Accordingly, we hereby dispose of the present petition by giving directions to the respondents to take final decision on the abovementioned representations filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.

4. With the aforesaid directions, the present petition as well as pending application stand disposed of.

5. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representations, he may approach the appropriate forum.

Click Here to Read the rest of this document