Mukesh Kumar v. UOI And ORS
$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 860/2022 CM APPL. 36250/2022 MUKESH KUMAR .....Petitioner Through:
Mr. Rahul Maurya, Adv.
versus UOI AND ORS .....Respondents Through:
Ms. Nidhi Banga, SPC along with Mr.
Sandeep Kumar, Advs. & Ms. Swati Sethi (GTP).
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 16.07.2025 1.
Pursuant to previous order dated 14th July 2025, Ms. Nidhi Banga, Senior Panel Counsel ('SPC'), appears for the Union of India, along with Ms. Swati Sethi appears for respondent no.2/ Director General of Training. 2.
A short affidavit has been handed over in the Court by Ms. Nidhi Banga, stating that the representation filed by petitioner was decided on 4th February 2023, a copy of which is appended, along with a Tracking Report which shows that the consignment was delivered on 11th February 2023. The said affidavit shall be placed on record by counsel for respondent. 3.
Counsel for petitioner does not have any instructions in this regard, whether the said response to the representation was delivered or not. 4.
It is further stated by Ms. Nidhi Banga and confirmed by Ms. Swati Sethi that they received the response, dated 4th February 2023, only yesterday from respondent no.3/ Office of Senior Divisional Electrical The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Engineer, Delhi.
5.
The Court is astonished and completely shocked at the dilation in this matter, for which a few facts need to be noted, which are as under: I.
It is a matter of fact that petitioner is a physically disabled person, as has been stated in his petition.
II.
The concerned order was passed on 11th March 2022 in W.P.(C)4127/2022, where a simple direction was given to dispose of petitioner's representation within three months. III.
The representation was decided by Respondent no.3 in ten months' time in February 2023.
IV.
Though the communication was dispatched, the same was never brought to the attention of petitioner's counsel on any of the previous dates, when the mater was listed before the Court, i.e., on 3rd March 2023, 12th October 2023, 27th March 2024, 5th August 2024, 27th November 2024, 24th March 2025 and even on the last date, 14th July 2025.
6.
Clearly, none of the respondents made an attempt to ascertain how and when the order of this Court, dated 11th March 2022, was complied with.
7.
Only on extreme persuasion by this Court on 14th July 2025 and directing presence of the concerned officer, the reply dated 4th February 2023, deciding the representation has come to light. 8.
Ms. Nidhi Banga extends profuse apologies for this omission and for not informing petitioner's counsel about the decision on the representation on all these dates, as she has now ferreted out the reply from respondent no.3's office.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Considering that Ms. Nidhi Banga, SPC, has tendered her apology, the Court does not wish to pursue the matter any further. 10.
Petitioner is at liberty to avail legal remedies available to him as stated in order dated 11th March 2022.
11.
A copy of this order will also be sent to respondent no.3 to apprise them of the Court's concern regarding why the order was not given by them to their counsel or to respondent no.2 in time. 12.
Petition stands disposed of.
13.
Pending applications are rendered infructuous. 14.
Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 16, 2025/ak/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.