Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Dilip Kumar Thakur – Appellant
Versus
Central Bureau of Investigation & Anr. – Respondents
W.P.(C) 6437 of 2023
Decided On : 16-05-2023
Exemption - Writ Petition - The court directed the Tribunal to finally hear the Original Application and decide it within four weeks.
Fact of the Case:
The petitioner filed a writ petition seeking a direction for the Tribunal to decide the Original Application pending for 8 years.
Finding of the Court:
The court directed the Tribunal to hear the Original Application on a specified date and decide it within four weeks.
Issues: Delay in adjudication of Original Application
Ratio Decidendi: The court emphasized the need for timely adjudication of the Original Application pending for a long period.
Final Decision: The petition was disposed of with a direction to the Tribunal to hear and decide the Original Application within four weeks.
JUDGMENT
V. Kameswar Rao (Oral)
CM APPL. 25327/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 6437/2023
3. Present petition has been filed by the petitioner with the following prayer:
"Issue necessary writ, order or direction in the nature of mandamus directing the Ld. Central Administrative Tribunal, Principal Bench, Delhi to finally decide and adjudicate the Original Application bearing no. 1366 of 2015 which is pending for final adjudication for the last 08 years on the date next date of hearing that i.e. 06.07.2023 or any other early date as may be fixed by this Hon'ble Court."
4. In substance, the relief sought by the petitioner is that, Tribunal must hear the parties on July 06, 2023, which is the next date of hearing before the Tribunal.
5. Learned counsel for the respondents states, instructions shall be issued to the counsels, who are appearing for the respondents before the Tribunal, to argue the matter on the said date.
6. In view of the submissions made by counsel for the respondents, we direct the Tribunal to finally hear the Original Application on July 06, 2023 and also on the date adjourned immediately thereafter, and decide the Original Application within four weeks thereafter.
7. Petition stands disposed of.
Timely adjudication of pending applications
The need for petitioners to challenge the rejection of their representation before the Tribunal by way of fresh proceedings.
The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
The need for expeditious resolution of the Original Application and the directive for the Tribunal to decide the matter within a specified timeline.
Court mandates timely decision on pending applications to uphold justice.
The court has the power of judicial review in disciplinary proceedings and can set aside orders if they are not in accordance with the law.
The court's decision was influenced by the representation made by the petitioners and the orders of the Tribunal.
Tribunal's decision to dismiss a case without hearing the parties and considering relevant pleadings may be inappropriate and subject to revival upon court's direction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
