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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Shreya Suman - Appellant
Versus
Punjab And Sind Bank And Others - Respondent
W.P.(C) 592 of 2024
Decided On : 24-01-2024
Exemption - Statutory Appeal - The court directed the respondent-appellate authority to dispose of the statutory appeal filed by the petitioner within six weeks, emphasizing the need for the appeal to be decided within a stipulated period of time and in accordance with principles of natural justice and the law.
Fact of the Case:
The petitioner sought a direction to the respondent-appellate authority to decide the statutory appeal challenging the order of dismissal within a stipulated period of time.
Finding of the Court:
The court directed the respondent to dispose of the statutory appeal within six weeks, ensuring the petitioner's rights to natural justice and in accordance with the law.
Issues: Delay in disposal of statutory appeal
Ratio Decidendi: The need for timely disposal of statutory appeals and adherence to principles of natural justice and the law
Final Decision: The court directed the respondent to dispose of the statutory appeal within six weeks, granting the petitioner all opportunities in terms of principles of natural justice and in accordance with the law.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 2678/2024
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 592/2024
3. By way of the present petition, the petitioner seeks a direction to the respondent-appellate authority to decide the statutory appeal of the petitioner dated 06.06.2023, whereby the petitioner challenged the order of dismissal dated 28.04.2023.
4. Mr. S.K. Gupta, learned counsel appearing for the petitioner submits that the statutory appeal could not have been kept pending for such a long time, constraining the petitioner to approach this Court for an innocuous relief of disposal of the statutory appeal within a stipulated period of time.
5. Learned counsel appearing for the respondent submits that the said statutory appeal would be disposed of within a period of eight weeks.
6. Keeping in view the fact that the statutory appeal has not yet been disposed of despite having been filed on 06.06.2023, this Court is of the considered opinion that it would suffice in case the respondent is directed to dispose of the said statutory appeal dated 06.06.2023, filed by the petitioner within six weeks from today.
7. It goes without saying that the petitioner shall be granted all the opportunities in terms of principles of natural justice and in accordance with law and rules on the subject and the order would obviously be reasoned.
8. The aforesaid petition alongwith pending application stands disposed of.
Timely disposal of statutory appeals and adherence to principles of natural justice and the law
The court mandates timely resolution of statutory appeals to prevent undue hardship.
Judicial directions for timely adjudication of statutory appeals respecting natural justice principles.
An appeal cannot be pursued if a related statutory appeal was dismissed, highlighting the importance of exhaustion of available legal remedies.
The principle of expeditious disposal of appeals in accordance with the law.
The court allows remittance to the Tribunal for proper consideration of delay explanation in statutory appeals.
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....
Delayed certified copy receipt extends statutory appeal period if bona fide impression existed from prior judgment observations.
The court ruled that strict compliance with statutory time limits is mandatory, and substantial justice cannot override clear legislative provisions regarding delay in filing appeals.
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