The court directed the administrative authority to consider and decide a representation filed by an aggrieved employee against their removal from service by passing a reasoned and speaking order within a stipulated timeframe.

Order

1. This writ petition has been filed by the petitioner with the following prayer:-

“i) the impugned order dated 27.07.2023 upholding the removal order of the humble petitioner from the post of Poojari may kindly be declared illegal and arbitrary being in violation of Article 14, 16 and 21 of the Constitution of India and the same may be kindly be quashed and set aside on this ground.

ii) by issuing the writ of mandamus, order or direction in the nature thereof, the Respondents may kindly be directed to reinstate the humble petitioner on the post of Poojari with all consequential benefits;

iii) Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioner.”

2. During course of arguments, learned counsel for petitioner submits that the petitioner may be granted permission to file an appropriate representation before the respondents-Authority to consider and resolve his grievances.

3. Mr. Bhuwnesh Sharma, AAG accepts notice on behalf of the respondents. Office is directed to reflect his name as counsel for the respondents.

4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition.

5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.