Kushalveer Singh (HC/M) vs Union of India

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Kushalveer Singh (HC/M) - Appellant
Versus
Union of India - Respondent
W.P.(C) 14223 of 2022 & CM Appl. 43450 of 2022
Decided On : 07-10-2022

Important Points

Authorities must decide representations promptly as part of their duty to ensure timely justice.

Subject

Public Law - Administrative Law

Headnote

(A) Writ Petition - Seeking quashing of memorandums and office order - Directions issued to competent authority to decide representation within four weeks - Duty to communicate decision within one week thereafter is emphasized. (Paras 1-3)

Facts of the case:
The petitioner challenged the memoranda issued by the respondent and requested a decision on the representation dated 08.09.2022, which remained undecided.

Findings of Court:
The court directed the competent authority to decide the representation and communicate the decision promptly.

Issues: The main issue was the delay in deciding the petitioner's representation.

Ratio Decidendi: The court affirmed that timely decision-making on representations is a duty of the state authorities and provided a timeframe for compliance.

Result: Petition disposed of with directions.

Table of Content
1. petitioner seeks to quash memorandum and office order. (Para 1 , 2)
2. court directs competent authority to resolve representation. (Para 3 , 4)
3. petition disposed with directions issued. (Para 5)

JUDGMENT (Oral)

1. Vide the present writ petition, the petitioner is seeking quashing of the Memorandum No.P-VIII1/2022 ESTT. II dated 08.04.2022 and Office Order No.P.VIII-01/2022-GCSPT-EC-II dated 22.04.2022 issued by the respondent No.5; directions to the respondent Nos.2 & 3 to decide the representation dated 08.09.2022 of the petitioner.

2. For the aforesaid relief(s), the petitioner has already filed representation dated 08.09.2022 before the competent authority, however, the said representation has not been decided.

3. Accordingly, we hereby direct the respondents/competent authority to decide the representation dated 08.09.2022 filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner in writing within one week thereafter.

4. Needless to say, if the petitioner feels aggrieved by the decision on the representation dated 08.09.2022, he may approach the appropriate forum.

5. With the aforesaid directions, the present petition and pending application stand disposed of.