Suresh Chand vs State Of Haryana And Others

Vikas Bahl, J

This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing respondent No.2 to decide the representation dated 28.11.2023 (Annexure P-3) filed by the petitioner against the adverse remarks for the period from 01.04.2022 to 31.03.2023 & 01.04.2023 to 04.04.2023.

Learned counsel for the petitioner has submitted that the petitioner had given representation dated 28.11.2023 (Annexure P-3) against adverse remarks and he would be satisfied at this stage, in case, the competent authority of respondent No.1-State is directed to consider the same, in accordance with law.

Learned State Counsel has submitted that the said representation is to be given within a period of 45 days from the date of communication of the adverse remarks and has submitted that decision on the representation would be taken within a period of two months from today but the present order should not be construed as condoning the delay and the decision would be taken in accordance with law.

Keeping in view the abovesaid facts and circumstances, the present Civil Writ Petition is disposed of with direction to the competent authority of respondent No.1-State to take a decision on the representation dated 28.11.2023 (Annexure P-3) within a period of two months from the date of receipt of certified copy of the present order.

It is made clear that this Court has not opined on the merits of the case and the competent authority of respondent No.1-State would consider the said representation, in accordance with law and the present order would not be construed as condoning the delay, if any, in filing the representation.