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High Court of DelhiW.P.(C)/9973/2024

Virendra Pal, Asi/Executive v. Union Of India Through Its Secretary & ORS.

2024-07-22Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9973/2024 VIRENDRA PAL, ASI/EXECUTIVE .....Petitioner Through:

Mr. A.K. Mehta, Adv.

versus UNION OF INDIA THROUGH ITS SECRETARY & ORS.

.....Respondents Through:

Mr. Abhishek Saket, SPCG with Ms Sanna Harta, Adv., SI P. Devenda, Mr. Amit Kumar and HC Solanki Sachin from CISF.

Mr. Shubham Prasad, G.P. for UOI.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 22.07.2024 CM APPL. 40843/2024 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 9973/2024

3. After some arguments, learned counsel for the petitioner submits that for the present, the petitioner would be satisfied in case the respondents were to dispose of the petitioner's representation dated 01.03.2024 (Annexure P-7) in a time bound manner.

4. Learned counsel for the respondents, who appears on advance notice, submits that since the petitioner's appeal and revision both stand dismissed, the representation submitted by him is not maintainable. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 23:23:36

5. Having considered the submissions of learned counsel for the parties, we are of the view that the respondents are correct in urging that there is no statutory provision for filing a representation by an employee after his revision petition stands rejected.

However, taking into account the petitioner's plea that the cause for him to submit a representation arose only after the driver involved in the same accident was imposed the penalty on 28.06.2006, has been acquitted by the criminal Court on 15.05.2007, we are of the considered view that in the peculiar facts of the present case, it would be appropriate to direct the respondents to decide the petitioner's representation dated 01.03.2024 in a time bound manner.

6. The writ petition is, accordingly, disposed of by directing the respondents to decide the petitioner's representation within a period of 12 weeks from today by passing a reasoned and speaking order. Needless to state, in case the petitioner is aggrieved by any order passed by the respondents, it will be open for him to seek legal recourse, as permissible in law. We, however, make it clear that we have not expressed any opinion regarding the delay and laches on the part of the petitioner in submitting the representation. REKHA PALLI, J SHALINDER KAUR, J JULY 22, 2024 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 23:23:36