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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Amrendra Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 12710 of 2021 & CM 40005 of 2021
Decided On : 08-12-2021
Important Points
Subject
Administrative Law - Public Employment
Headnote
(B) Jurisdiction of Commandant - Commandant 37 BN BSF had no jurisdiction to decide representation as it should have been addressed by the Director General, BSF. (Paras 2-3)
Facts of the case:
Petitioners challenge the rejection of their representation regarding the merger of their post with another and assert the Commandant lacked authority to decide on it. Petitioners also sought a directive for reassignment. (Para 1)
Findings of Court:
The Court accepted the Law Officer's assurance that the Director General, BSF would review the petitioners' representation in compliance with previous directions. (Paras 4-5)
Issues: Court addressed the jurisdiction of the Commandant in relation to the petitioners' representation and the lack of substantive response to their grounds. (Para 2)
Ratio Decidendi: The Court held that the decision regarding the post's merger must be addressed at a higher authority level, reaffirming principles of administrative jurisdiction and procedural fairness. (Paras 6-7)
Result: Writ petition disposed of with directions.
| Table of Content |
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging the order dated 21st September, 2021 rejecting the representation of the petitioners against the Office Memorandum dated 16th October, 2020 and Signal dated 30th June, 2021 whereby the post of Constable/Kahar has been merged with the post of Constable (Kitchen Services). Petitioners also seek a direction to the respondents to either continue the petitioners on the post of Constable (Kahar) or assign them to any post in para medical cadre of Border Security Force.
2. Learned Counsel for the Petitioners states that the order dated 21st September, 2021 passed by the Commandant 37 BN BSF is totally illegal inasmuch as this Court had directed the Director General, BSF to decide the previous writ petition, being WP(C) 9192/2021, as a representation. According to her, the Commandant 37 BN BSF had no authority/jursidiction whatsoever to deal and decide the said representation/previous writ petition.
3. Learned counsel for the Petitioners also states that the order dated 21st September, 2021 rejecting the writ petition/representation of the petitioners has not dealt with any ground raised by the petitioners in their writ petition/representation. She states that the impugned order has been passed solely on the ground that no instructions or Recruitment Rules had been received departmentally by the FHQ, BSF.
4. Today, Mr. Hemendra, Law Officer BSF, states that the order dated 21st September, 2021 has been erroneously issued by the Commandant 37 BN BSF. He assures and undertakes to this Court that in accordance with the order dated 27th August, 2021 passed by this Court in WP(C) 9192/2021 the representation of the petitioners shall be decided by the Director General, BSF.
5. The undertaking given by Mr. Hemendra, Law Officer is accepted by this Court and the respondents are held bound by the same.
6. Accordingly, writ petition is disposed of by setting aside the order dated 21st September, 2021 passed by the Commandant 37 BN BSF. The Director General, BSF is directed to decide the representation/previous writ petition, being WP(C) 9192/2021, filed by the petitioners challenging the merger of the post of Constable/Kahar with the post of Constable (Kitchen Services) by way of a reasoned order within six weeks.
7. With the aforesaid directions, present writ petition stands disposed of.
