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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Vikas Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 13962 of 2022
Decided On : 27-09-2022
Important Points
Subject
Administrative Law - Writ Jurisdiction
Headnote
(B) Discretion of Court - The court allowed the petitioner to make a fresh representation for accommodation and directed the respondents to consider the request on humanitarian grounds within two weeks. (Paras 2-3)
(C) Administrative decision - The court clarified that the petitioner could challenge the decision before the appropriate forum if aggrieved. (Paras 4-5)
| Table of Content |
|---|
| 1. petitioner's request based on wife's illness. (Para 1) |
| 2. liberty granted for fresh representation. (Para 2) |
| 3. decision on representation to be made within two weeks. (Para 3) |
| 4. petition disposed; future recourse available. (Para 4 , 5) |
JUDGMENT (Oral)
1. By way of the present petition, petitioner seeks issuance of a writ of certiorari quashing order dated 28.06.2022 issued by the respondents and a writ of mandamus directing the respondents to post him to Headquarters, Director General Border Roads (HQ DGBR), New Delhi on compassionate grounds of serious illness of his wife.
2. After some arguments by the learned counsel for the parties, we deem it appropriate to give liberty to the petitioner to make a fresh representation to the respondents to accommodate the petitioner for a limited period.
3. On receipt of the same, the respondents are directed to consider and decide the same within two weeks keeping in view the health condition of wife of the petitioner, on humanitarian grounds.
4. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
5. The petition is accordingly disposed of.
