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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Sanjeev Kumar – Appellant
Versus
Union of India – Respondent
W.P.(C) 11217 of 2023
Decided On : 24-08-2023
Statutory Appeal - Dismissal from Service - The court directed the respondent to decide the statutory appeal filed by the petitioner's wife in a time-bound manner, without commenting on the merits of the contentions of either party.
Fact of the Case:
The petitioner sought a direction for the respondent to decide the statutory appeal filed by the petitioner's wife, who had impugned the decision of the respondent dismissing the petitioner. The petitioner was dismissed from service on account of being declared a deserter.
Finding of the Court:
The court disposed of the petition by directing the respondent to decide the statutory appeal filed by the petitioner's wife within 6 weeks, without considering or commenting on the merits of the contentions of either party.
Issues: The main issue was the disposal of the statutory appeal filed by the petitioner's wife in a time-bound manner.
Ratio Decidendi: The court's decision was based on the need to ensure a time-bound disposal of the statutory appeal, without delving into the merits of the contentions of either party.
Final Decision: The petition was disposed of with a direction to the respondent to decide the statutory appeal filed by the petitioner's wife within 6 weeks, with a clarification that the court had not considered or commented on the merits of the contentions of either party.
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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