High Court of DelhiW.P.(C)/11012/2024

Dharmendra Kumar v. Union Of India Through Its Secy. & ORS.

2024-08-08Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~69 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11012/2024 DHARMENDRA KUMAR .....Petitioner Through:

versus UNION OF INDIA THROUGH ITS SECY. & ORS.

.....Respondents Through:

Mr.Nirvikar Verma, Adv.

CORAM:

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

O R D E R

% 08.08.2024 CM APPL. 45474/2024 & CM APPL. 45475/2024

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of.

W.P.(C) 11012/2024 & CM APPL. 45473/2024 (interim directions)

3. Despite passover, none appears on behalf of the petitioner.

4. Upon a perusal of the writ petition, we find that the petitioner has approached this Court assailing the order dated 14.01.2021 vide which he was dismissed from service. It is the petitioner's claim that though he had submitted a statutory appeal to the respondents on 12.02.2021, despite repeated reminders the same has not been decided till date.

5. In the light of these averments, we have put to learned counsel for the respondents as to why the petitioner's appeal has not been decided till date. He, however, has no satisfactory answers to the said query. 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 13/08/2024 at 11:48:57

6. In these circumstances, we are of the considered view that instead of this Court considering the petitioner's challenge to the dismissal order, the respondents should, in the first instance, decide his statutory appeal. We, therefore, dispose of the writ petition by directing the respondents to decide the petitioner's appeal dated 12.02.2021 (Annexure P-3), if not already decided, within a period of six weeks from today by passing a reasoned and speaking order. In case, the petitioner's appeal already stands decided, the decision of the same be forwarded to him promptly.

7. 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 on all permissible grounds including grounds raised in the present petition.

REKHA PALLI, J SHALINDER KAUR, J AUGUST 8, 2024 kk 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 13/08/2024 at 11:48:57