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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Kapil Gurjar - Appellant
Versus
Ministry of Railway - Respondent
W.P.(C) 1345 of 2022
Decided On : 21-01-2022
Important Points
Subject
Administrative Law - Tribunal Proceedings
Headnote
(B) Judicial Review - The court exercises its jurisdiction to intervene in administrative proceedings when an assertion of rights or timely processes has been violated. Issues raised regarding delays in administrative processes must be addressed promptly to ensure fair proceedings. (Para 4, 6)
Facts of the case:
The writ petition articulates the grievance against the Tribunal's failure to constitute a full bench as directed, leading to delays affecting the petitioner’s interests.
Findings of Court:
The court disposed of the writ petition by directing the Chairperson of the Tribunal to take appropriate action over the concern raised.
Issues: The main issue involved the delay in constituting a full bench and its impact on the petitioner.
Ratio Decidendi: The court recognized the need for timely administrative action and directed the Tribunal to address the delays to protect the petitioner’s interests effectively.
Result: Writ petition disposed of with directions.
| Table of Content |
|---|
| 1. court's direction on petitioner's concerns (Para 1 , 4 , 7) |
| 2. delay in constituting full bench affecting petitioner (Para 2) |
| 3. petitioner's interest impacted by delay (Para 3 , 6) |
| 4. writ petition disposed with directions (Para 5 , 8) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral):
CM APPL. 3896/2022
1. Allowed, subject to just exceptions.
W.P.(C) 1345/2022
2. The one and only grievance articulated in the instant writ petition is that the full bench as directed by the Tribunal via order dated 16.09.2021, passed in OA No.42/2020, has not been constituted.
3. Mr Ravi Kumar, learned counsel for the petitioner, says that the delay in constituting the full bench is causing detriment to the interest of the petitioner.
4. Issue notice.
4.1. Mr. Jagjit Singh accepts notice on behalf of the respondents.
5. Mr Singh says that, in view of prayer made in the writ petition, it may be taken up for disposal, at this stage.
6. Having regard to the assertions made in the writ petition and the prayer made therein, we request the Chairperson of the Central Administrative Tribunal [in short "the Tribunal"] to address the concern articulated by the petitioner, which is, that because the full bench has not been constituted, his interests are impacted.
7. The order passed by us today will be placed before the Chairperson of the Tribunal, for appropriate directions.
7.1. Mr. Ravi will have the liberty to mention the matter before the Chairperson.
8. The writ petition is disposed of, in the aforesaid terms.
