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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Sunil Kumar - Appellant
Versus
Directorate General Sashastra Seema Bal - Respondent
W.P.(C) 2222 of 2022 & CM Appls. 6393-6394 of 2022
Decided On : 13-10-2022
Important Points
Subject
Administrative Law - Service Matters
Headnote
(B) Judicial Approach - Court emphasized timely redressal of grievances and allowed appeal with directions for administrative action. (Para 5)
Facts of the case:
The petitioner faced adverse grading in service performance evaluation for 2018-19, with no response from the authorities on representation made to the Directorate General.
Findings of Court:
The court directed the respondents to consider the pending representation and provide a timely written response.
Issues: The main issue was the delayed response to the petitioner's service representation and the need for a fair evaluation process.
Ratio Decidendi: The court reiterated that administrative decisions must be timely and responsive, upholding the principle that individuals have the right to contest adverse evaluations.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. exemption applications allowed (Para 1 , 2) |
| 2. petition for restoration of par (Para 3) |
| 3. representation not decided (Para 4) |
| 4. direction to decide representation (Para 5) |
| 5. possibility of challenge if aggrieved (Para 6) |
| 6. petition disposed as per directions (Para 7) |
JUDGMENT (Oral)
CM APPL.6393-6394/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The applications are accordingly disposed of.
W.P.(C) 2222/2022
3. Present petition has been filed seeking restoration of the petitioner's PAR for the year 2018-19 as benchmark for the grant of service benefits whereby adverse and below-benchmarks grading given in the petitioner's PAR for the year 2018-19, non-speaking rejection order dated 29.09.2020 and the refusal order dated 06.07.2021.
4. Learned counsel for the petitioner submits that for the aforesaid relief, petitioner has made representation dated 17.09.2019 to the DG who is respondent no.1, however, the said representation has not been decided till date.
5. In view of above, we hereby dispose of the present petition by giving direction to the respondents to decide the abovementioned representation within four weeks from today and communicate the decision taken to the petitioner in writing within one week thereafter.
6. 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.
7. In view of aforesaid directions, petition is disposed of.
