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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Arup Das Mohanta (EX Const. GD) - Appellant
Versus
Union of India - Respondent
W.P.(C) 13905 of 2021
Decided On : 07-12-2021
Important Points
Subject
Administrative Law - Disciplinary Proceedings
Headnote
(B) Judicial Discretion - Court has the authority to provide directions for the adjudication of pending statutory petitions, thereby ensuring due process is followed in administrative disciplinary actions against personnel. (Paras 1, 2)
Facts of the case:
The petitioner challenges convening order and charge-sheet issued by the Respondent, seeking reinstatement and release of arrears. A previous liberty was granted to the petitioner to withdraw and raise issues before the SSFC, but a statutory challenge remains undecided.
Findings of Court:
The court directs the respondents to decide the petitioner's statutory petition in a reasoned manner within three weeks. Rights and contentions of all parties are preserved.
Issues: The primary issues include the challenge to the convening order, charge-sheet, and the delay in disposal of the statutory petition.
Ratio Decidendi: The court emphasized the importance of timely adjudication of statutory petitions to uphold the rights of personnel, ensuring that administrative actions are subject to proper legal scrutiny and process.
Result: Writ petition disposed of as directed.
| Table of Content |
|---|
| 1. challenging convening and sentencing orders (Para 1) |
| 2. petitioner's right to statutory appeal (Para 2) |
| 3. court's directive for timely resolution (Para 3) |
JUDGMENT
Manmohan, J. (Oral)
C.M.No.43886/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.13905/2021
1. Present writ petition has been filed challenging the convening order and charge-sheet dated 11th March 2021 and the sentencing order dated 20th March 2021 issued by Respondent No. 3. Petitioner also seeks directions to the Respondents to reinstate the Petitioner in service w.e.f. 20th March 2021 and release his arrears of pay and allowances till date.
2. Learned counsel for the Petitioner states that subsequent to the order dated 17th March, 2021 passed by this Court in W.P.(C) No.3507/2021, whereby this Court granted liberty to the Petitioner to withdraw the petition and raise all issues before the SSFC, the Petitioner had preferred a statutory petition challenging the sentence dated 20th March, 2021 under Section 117 of the BSF Act read with Rule 167 (2) of the BSF Rules, but the same has not been disposed of till date.
3. Keeping in view the aforesaid, the present writ petition is disposed of with a direction to the Respondents to decide the Petitioner's statutory petition under Section 117 of the BSF Act read with Rule 167(2) of the BSF Rules by way of a reasoned order in accordance with law within three weeks. In the event, the Petitioner is aggrieved by the said decision, he shall be at liberty to file appropriate proceedings in accordance with law. The rights and contentions of all the parties are left open.
