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SANJEEV SACHDEVA, MANOJ JAIN
Sanjeev Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks a direction to the respondent to decide the statutory appeal filed by the petitioner's wife on 09.09.2022. Petitioner's wife has filed the subject appeal impugning the decision of respondent dismissing the petitioner on 23.07.2022. It is contended that the petitioner was also of unsound mind.
2. By order dated 23.07.2022, petitioner was dismissed from service on account of being declared a deserter.
3. Issue notice. Notice is accepted by learned counsel appearing for respondent.
4. Since the wife of the petitioner has filed an appeal and the petitioner only seeks disposal of the statutory appeal dated 09.09.2022 in a time-bound manner, petition is disposed of directing respondent to decide the statutory appeal filed by the wife of the petitioner on 09.09.2022 within a period of 6 weeks from today. The order be communicated to the petitioner.
5. Petition is disposed of in the above terms.
6. It is clarified that this Court has neither considered nor commented on the merits of the contentions of either parties. All rights and contentions of the parties are reserved.
The central legal point established in the judgment is the court's authority to direct the time-bound disposal of a statutory appeal without commenting on the merits of the contentions of either part....
The court mandates timely resolution of statutory appeals to prevent undue hardship.
Timely disposal of statutory appeals and adherence to principles of natural justice and the law
The principle of expeditious disposal of appeals in accordance with the law.
Writ of mandamus can compel timely adjudication of statutory appeals.
Failure to challenge a removal order during the deceased's lifetime can make a plea for compassionate appointment untenable.
Court closes writ petition upon respondents' assurance of expeditious appeal disposal by Disciplinary Committee.
A spouse cannot claim compassionate appointment if the deceased was removed from service prior to death without contesting that removal during their lifetime.
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