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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Mini Pushkarna, JJ.
Vijay Pratap Singh Chauhan – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 6419 of 2023 & CM APPL. 25297 of 2023
Decided On : 16-05-2023
Promotion - Quashing of Penal List - The court directed the respondents to decide the petitioner's representation within a specified timeframe and communicate the decision with a reasoned order, while also ensuring that no promotion shall be affected until the representation is decided.
Fact of the Case:
The petitioner sought to quash/set-aside the Penal List of Promotion and requested the issuance of a fresh penal list including the petitioner's name for promotion.
Finding of the Court:
The court directed the respondents to decide the petitioner's representation within four weeks and communicate the decision with a reasoned order within one week thereafter. The court also emphasized that no promotion shall be affected until the representation is decided.
Issues: Quashing of Penal List, Delay in Decision on Representation
Ratio Decidendi: The court emphasized the need for timely decision on the petitioner's representation and directed the respondents to communicate the decision with a reasoned order.
Final Decision: The court disposed of the petition and pending application, directing the respondents to decide the petitioner's representation within a specified timeframe and communicate the decision with a reasoned order, while also ensuring that no promotion shall be affected until the representation is decided.
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
a. To quash/set-aside the Penal List of Promotion dated 03.05.2023 to the Grade of Civil Technical Officer Mechanical for the year 2023;
b. To direct respondent nos.2 & 3 to issue a fresh penal list of promotion, including the name of the petitioner in the same as promoted from level 7 to level 8.
2. Learned counsel appearing for the petitioner submits that for the aforesaid relief(s), petitioner made representations dated 21.04.2023, however, till date, the said representation has not been decided by the respondents.
3. In view of above, we hereby direct the respondents to decide the above-said representation 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 are disposed of.
5. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representation, he may approach the appropriate forum.
6. We hereby make it clear that no promotion shall be affected by the respondents till the representation of the petitioner is decided.
The court emphasized the importance of timely decision-making on the petitioner's representation and directed the respondents to communicate the decision with a reasoned order.
The court emphasized the importance of timely decision-making on representations for promotion.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
Timely adjudication of representation seeking refixation of seniority.
The court directs that a fresh representation must be made by the petitioner for promotion, ensuring a timely response from the competent authority.
The court emphasized the obligation to consider the petitioner's representation for promotion and communicate the decision within a specified timeframe.
The court mandates that administrative bodies must respond promptly to representations within a reasonable timeframe, emphasizing principles of natural justice.
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