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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Shubham Verma - Appellant
Versus
Union of India - Respondent
W.P.(C) 14247 of 2022 & CM Appl. 43508 of 2022
Decided On : 07-10-2022
Important Points
Subject
Administrative Law - Public Services
Headnote
(B) Administrative behavior - Principles of decision-making - The court underscored the necessity for timely responses to representations submitted by individuals affected by administrative decisions. (Paras 2, 3)
Facts of the case:
The petitioner challenged the letter dated 22.06.2021, aiming for permission to continue graduation and military training, claiming that prior representations remained unresolved.
Findings of Court:
The petition was disposed of with directions for the respondents to make a decision on the latest representation within four weeks and to communicate this in writing within one week thereafter, alongside staying any coercive action against the petitioner.
Issues: The court primarily addressed whether the respondents should respond to the outstanding representations and the implications for the petitioner's military training and seniority.
Ratio Decidendi: The court emphasized that administrative bodies are obliged to resolve representations promptly, highlighting the right of individuals to challenge decisions affecting their training and service conditions.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. petition seeks quashing and relief regarding education. (Para 1) |
| 2. petitioner argues representations remain undecided. (Para 2) |
| 3. court directs resolution of representation and stay on coercive measures. (Para 3 , 4 , 5) |
| 4. petition and applications are disposed of. (Para 6 , 7) |
JUDGMENT (Oral)
1. Present petition has been filed seeking quashing and setting aside of the letter dated 22.06.02021. Further seeks directions to the respondents to allow the petitioner to continue his graduation and military training and awarded ante date seniority at par 141 Course of NDA provided laid down criteria of successful completion of remaining training at NDA and further at Air Force Academy as fulfilled by the petitioner.
2. Learned counsel for the petitioner submits that for the aforesaid relief, petitioner made few representations including the latest one dated 16.06.2022, however, the said representations have not been decided till date.
3. In view of above, we hereby dispose of the present petition by giving direction to the respondents to decide the aforementioned latest representation dated 16.06.2022 within four weeks from today and communicate the decision taken to the petitioner in writing within one week thereafter.
4. Till then, no coercive steps shall be taken against the petitioner qua service condition.
5. 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.
6. In view of aforesaid directions, petition is disposed of.
7. Pending application also stands disposed of.
