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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Amardeep Singh IC 59054Y – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. relief sought through writ petition (Para 1) |
| 2. jurisdictional issues raised by parties (Para 2 , 3) |
| 3. petitioner's representation and withdrawal (Para 4) |
| 4. disposal of petition with directions (Para 5) |
| 5. potential for future challenges (Para 6) |
JUDGMENT
1. By way of present petition, petitioner seeks the following reliefs:
a) Issue a Writ in the nature of Certiorari or any other appropriate writ to quash and set aside letter dated 01.09.2022 having Ref No. A/47352/SOI/MS(X) and letter dated 26.04.2021 having Ref No. A/47352/SOI/MS(X) issued by Respondent No. 2 rejecting the proposal of Respondent No. 3 to grant substantive rank of Brigadier to the Petitioner;
b) Issue a writ in the nature of Mandamus or any other appropriate writ directing Respondent No. 1 and 2 to grant substantive promotion to the rank of Brigadier to the Petitioner with effect from 12.06.2020 in terms of Para 6(iv) of Survey of India (Group A) Service Rules, 1989 and Ministry of Defence Letter No. 7(2)/83/D-(W-11) dated 24.02.1992;
c) Issue a writ in the nature of Mandamus or any other appropriate writ directing Respondent No. 1 and 2 to decide the representation dated 21.02.2022 issued by Re
The court ruled that promotion disputes are outside its jurisdiction and directed the petitioner to seek recourse through the appropriate forum.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
Court directs consideration of promotion representation on merits within six weeks without merits adjudication.
A writ petition can be dismissed as infructuous when the issues raised have been resolved or rendered moot by subsequent events.
Exhaustion of appeal remedy before seeking judicial intervention in disciplinary matters.
The court mandates that administrative bodies must respond promptly to representations within a reasonable timeframe, emphasizing principles of natural justice.
Court directs consideration of promotion representations without entering merits when pending administratively.
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