Facts
The applicant, a 39-year-old former Delhi Police personnel, was dismissed from service on 16.09.2021 via an order passed by the Disciplinary Authority invoking Article 311(2)(b) of the Constitution of India
Source reference: para. 2Aggrieved by this, the applicant preferred a statutory appeal under Rule 25 of the Delhi Police (Punishment and Appeal) Rules, 1980, on 29.12.2025
Source reference: para. 3After a lapse of more than three months without a decision on the appeal, the applicant filed the present Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985
Source reference: para. 3, 5An initial office objection was raised noting that the OA was filed before the expiry of six months from the date of the representation/appeal
Source reference: para. 1Issues
Whether the office objection regarding the timeframe for filing the OA (pre-six months of representation) should be overruled
Source reference: para. 1, 4Whether the respondents should be directed to dispose of the pending statutory appeal within a fixed timeline
Source reference: para. 6, 8Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which regulates the procedure and timelines for filing applications before the Tribunal
Source reference: para. 5Rule 25 of the Delhi Police (Punishment and Appeal) Rules, 1980, regarding the right to a statutory appeal against disciplinary actions
Source reference: para. 3The administrative principle requiring authorities to pass "reasoned and speaking orders" within a reasonable period to satisfy the requirements of natural justice
Source reference: para. 8Reasoning
The Tribunal evaluated the procedural delay regarding the applicant’s statutory appeal, which had remained unaddressed for over three months
Source reference: para. 3The applicant sought a limited relief, requesting only a direction for the respondents to decide the pending appeal
Source reference: para. 6The respondents’ counsel raised no objection to this request
Source reference: para. 7Consequently, the Tribunal determined that under the specific facts and circumstances, the office objection regarding the premature filing of the OA (before the statutory six-month wait period post-representation) was unnecessary and thus overruled it to facilitate the interest of justice
Source reference: para. 4The Tribunal refrained from adjudicating on the merits of the dismissal, focusing solely on the inaction of the Appellate Authority
Source reference: para. 8Holding
The Tribunal overruled the office objection and directed the Registry to assign a formal number to the OA
Without delving into the merits of the dismissal, the Tribunal directed the respondents to consider and dispose of the applicant’s statutory appeal dated 29.12.2025 by passing a reasoned and speaking order as expeditiously as possible, preferably within six weeks of receiving the court's order
Source reference: para. 8No order was made as to costs
Source reference: para. 9Original Court PDF
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