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H. S. THANGKHIEW
Challang M. Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The writ petitioner herein is aggrieved by the impugned order dated 15.01.2021 passed by the Commanding Officer, Special Force-10, where it is alleged that the order had been passed by the incompetent authority.
2. Mr. S. Dey, learned counsel for the petitioner contends that in the earlier round of litigation, this Court vide order dated 10.12.2020 passed in WP(C) No. 399 of 2020, had directed the respondent No. 2 to decide the petitioner’s representation dated 11.09.2018 expeditiously and for the petitioner to present himself before the said respondent on 21.12.2020. Learned counsel further submits that the writ petitioner accordingly complied with the directions of this Court. The petitioner presented himself before the Commanding Officer and the representation was taken up for consideration as directed by this Court. However, the order of disposal of the representation has been passed by a different officer and not by the officer to whom he had presented the same. In view of the matter, the learned counsel submits that the directions as contained in the order dated 10.12.2020 have not been carried out, and prays that the representation be decided afresh by the competen
Non-compliance with court directions and acknowledgment of correctness of petitioner's contentions by the respondents influenced the court's decision to direct the representation to be decided afresh....
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
Authorities must decide representations promptly as part of their duty to ensure timely justice.
The court established that while it can direct the consideration of representations, it does not dictate the outcome of such considerations.
The court has the authority to direct a respondent to decide a petitioner's representation within a stipulated period of time.
Mandamus can be issued to compel public authorities to perform their duties when there is a failure to do so.
A government authority must respond to grievances timely, following the appropriate legal procedures.
Writ petition infructuous post consideration of representation; liberty granted to challenge order before competent authority.
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