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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Amit Kumar Meena – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 7889 of 2023 & CM APPL. 30446 of 2023
Decided On : 31-05-2023
certiorari - No Objection Certificate - The court directed the petitioner to make a representation to the respondents, who are then directed to decide within ten days and communicate the decision with a reasoned order.
Fact of the Case:
The petitioner sought a writ of certiorari to quash an office memorandum and a writ of mandamus to direct the respondents to grant No Objection Certificate and/or technical resignation.
Finding of the Court:
The court directed the petitioner to make a representation to the respondents, who are then directed to decide within ten days and communicate the decision with a reasoned order.
Issues: Petitioner's request for quashing an office memorandum and for the grant of No Objection Certificate and/or technical resignation.
Ratio Decidendi: The court's decision was based on directing the respondents to decide on the petitioner's representation within ten days and communicate the decision with a reasoned order.
Final Decision: The present petition is disposed of, and pending application also stands disposed of. The petitioner is given the option to approach the appropriate forum if aggrieved by the decision of the respondents on his representation.
JUDGMENT (Oral)
1. Vide this petition, petitioner is praying as under:
"(i) Issue a writ of certiorari quashing office memorandum dated 31.12.2022 issued by the respondents;
(ii) Issue a writ of mandamus directing the respondents to grant No Objection Certificate and/or technical resignation to the petitioner and consequently grant all consequential benefits ensuring to the petitioner from the same including providing service book, lien certificate, last pay certificate etc. of petitioner."
2. In view of averments made in the present petition, we hereby direct the petitioner to make a representation to the respondents within two days and on receipt of the same, respondents are directed to decide the same within ten days thereafter. The decision so taken shall be communicated to the petitioner within two days thereafter with a reasoned order.
3. With the aforesaid directions, present petition is disposed of.
4. Pending application also stands 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.
The court emphasized the importance of the respondents deciding on the petitioner's representation within a specified timeframe and communicating the decision with a reasoned order.
Authorities must decide representations promptly as part of their duty to ensure timely justice.
The court has the authority to issue a writ to compel a respondent to decide on a representation within a specified timeframe.
A Writ of Mandamus can be issued to public authorities to consider and dispose of a pending administrative representation in accordance with law within a stipulated time frame, without the court expr....
Timely decision on representations is essential, and the court has the authority to direct the respondent to decide the representation within a specified timeframe.
A writ petition does not interfere with administrative orders unless merit is evaluated, allowing for objections to be filed for consideration.
The court emphasized the importance of timely decision-making by the respondents and consideration of the petitioner's medical condition in reaching a decision.
The court mandates that administrative bodies must respond promptly to representations within a reasonable timeframe, emphasizing principles of natural justice.
The court's decision was centered around the principles of providing access to the order and ensuring fairness in the revisional trial process.
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