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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Ajit Singh - Appellant
Versus
Union of India Through Secretary & Ors. - Respondents
W.P.(C) 12509 of 2023 & CM Appls. 49371-72 of 2023
Decided On : 22-09-2023
Dismissal - Absence from Duty - Representation for Consideration
Fact of the Case:
The petitioner was dismissed from service for being absent from duty without leave for 13 days. The petitioner claimed that the absence was due to unavoidable medical emergencies of the father and had submitted representations, which were pending.
Finding of the Court:
The court directed the Director General to consider the petitioner's representation, which was pending, and dispose of it within 6 weeks. The petitioner was allowed to avail of remedies if aggrieved by the decision on the representation.
Issues: Dismissal for absence without leave, consideration of representations, right to avail of remedies
Ratio Decidendi: The court emphasized the need for the timely consideration of the petitioner's representation and allowed the petitioner to seek remedies if dissatisfied with the decision.
Final Decision: The petition was disposed of, with the direction for the Director General to consider and dispose of the petitioner's representation within 6 weeks.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order dated 10.06.2022 whereby petitioner has been dismissed from service on the ground of being absent from duty without leave for a period of 13 days.
2. Learned counsel for the petitioner submits that this was only instance of the petitioner of over-staying and there were unavoidable medical emergencies of the father of the petitioner on account of which he had left the post and was absent without leave. He submits that in terms of order dated 10.06.2022 he had given a representation on 02.08.2022, 03.08.2022 and 18.08.2022 and thereafter also on several dates and however none of the representations have been decided.
3. Learned counsel for the respondents, under instructions, submits that the representation dated 18.08.2022 is under active consideration of the Director General and is still pending.
4. Since considerable time has elapsed, we direct that the present petition be also placed before the Director General as a supplement to the representation dated 18.08.2022 and direct the Director General to dispose of the representation within a period of 6 weeks from today. The order on the representation be communicated to the petitioner.
5. Petition is, accordingly, disposed of. However, this would be without prejudice to the right of the petitioner to avail of remedies as available in law, if aggrieved by the order on the representation by the Director General.
Timely consideration of representations and right to seek remedies if aggrieved by the decision
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