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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Sandeep Kumar Varma - Appellant
Versus
Union of India - Respondent
W.P.(C) 14520 of 2021
Decided On : 17-12-2021




Right to a timely response in disciplinary proceedings is critical, leading to court directions for resolution within a specific timeframe.

Headnote:(A) Service Law - Disciplinary Proceedings - The case concerns a challenge to a charge sheet dated 24th January, 2017, and an order dated 16th October, 2020, imposing a penalty of compulsory retirement on the petitioner. (Para 1-2)

(B) Right to Appeal - The petitioner filed an appeal on 26th December, 2020, but did not receive a response, prompting the filing of a writ petition. (Para 3)

(C) Court Directions - The court directed the respondents to decide the petitioner's appeal within four weeks due to the lack of timely response from the authority. (Para 6)

Facts of the case:
The petitioner challenged a disciplinary order for compulsory retirement, claiming a lack of response to his appeal.

Findings of Court:
The court directed the respondents to resolve the appeal within a specified timeframe.

Issues: The primary issue was the delay in processing the petitioner's appeal against the disciplinary action.

Ratio Decidendi: The court emphasized the necessity of timely responses from disciplinary authorities and ordered compliance to ensure just procedure.

Result: Writ petition disposed of with directions.

Table of Content
1. challenge to disciplinary proceedings and appeal. (Para 1 , 2 , 3 , 4)
2. court's observation on appeal processing. (Para 5)
3. order for expediting appeal decision. (Para 6 , 7)

JUDGMENT

Manmohan, J. (Oral):

C.M.No.45689/2021

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) 14520/2021

1. Present writ petition has been filed primarily challenging the charge sheet dated 24th January, 2017 and the order dated 16th October, 2020.

2. Learned counsel for the petitioner states that the Disciplinary Authority had passed the order dated 16th October, 2020 against the petitioner imposing a penalty of compulsory retirement with due benefits.

3. Aggrieved by the order dated 16th October, 2020, the petitioner preferred an appeal before Additional Chief Safety Commissioner on 26th December 2020. He states that since no response was received, the petitioner approached this Court by filing a writ petition, being W.P(C) 4484 of 2021, whereby this Court, vide order 13th April 2021, directed the Appellate Authority to decide the petitioner's appeal by way of a reasoned order as expeditiously as possible, preferably within twelve weeks.

4. He contends that till date the petitioner has not received any response with regards to his appeal dated 26th December, 2020.

5. Issue notice. Mr.Jagjit Singh, learned standing counsel accepts notice on behalf of the respondents. He states that the order dated 13th April, 2021 passed by this Court in W.P(C) 4484 of 2021 was not immediately brought to the notice of the respondents as the said writ petition was disposed of on the first day of listing of petition before the Court i.e. 13th April, 2021 itself on which date none was present for the respondents. However, he assures and undertakes to this Court that the petitioner's appeal is under active consideration and the same shall be decided within four weeks.

6. Keeping in view the aforesaid, the present writ petition is disposed of with a direction to the respondents to decide the petitioner's appeal dated 26th December, 2020 in accordance with law within four weeks.

7. List the matter for compliance on 04th February, 2022.

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