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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
| 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) |
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.
Judicial emphasis on timely resolution of grievances in service matters ensures fair evaluation processes and upholds individuals' rights against adverse administrative actions.
Timely decision on representations challenging adverse remarks in performance appraisal reports, considering their impact on promotion prospects.
The delay in deciding an employee's representation against adverse performance appraisal remarks infringes on principles of natural justice and contradicts established procedural guidelines.
Timely decision on representations and communication of reasoned order within a specified timeframe.
The court emphasized the importance of timely decision-making on representations for promotion.
Employees are entitled to timely resolution of representations regarding service benefits, and failure to respond allows for judicial intervention to ensure compliance.
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