Competent Authority must decide pending representation through a reasoned and speaking order within a specified timeframe.

The applicant, Rajesh Kumar, originally joined the Central Industrial Security Force (CISF) and was later permanently absorbed into the National Investigation Agency (NIA) as an Upper Division Clerk on February 17, 2015.

The applicant filed an Original Application (O.A.) under Section 19 of the Administrative Tribunals Act, 1985, seeking a direction for the respondents to count his past service in the CISF (from March 18, 2006, to February 17, 2015) for the purposes of promotion to the posts of Assistant and Section Officer.

During the hearing, the applicant’s counsel limited the prayer to a request for a time-bound disposal of a pending representation dated September 29, 2023, regarding this matter.

1. Whether the Tribunal should direct the competent authority to decide the applicant's pending representation regarding the counting of past service for promotional benefits.

The court proceeded under the jurisdiction granted by Section 19 of the Administrative Tribunals Act, 1985.

It applied the principle of natural justice, which necessitates that administrative representations be decided through reasoned and speaking orders within a reasonable timeframe.

The Tribunal did not adjudicate the substantive merits of the applicant’s claim regarding the counting of past CISF service for seniority or promotion. Instead, it focused on the procedural remedy requested by the applicant’s counsel.

Given the respondent's counsel's fair submission that the pending representation would be considered in accordance with the law, the Tribunal determined that the interests of justice would be served by ensuring the executive branch performs its administrative duty.

By directing a "reasoned and speaking order," the Tribunal ensured that the administrative decision-making process remains transparent and subject to future judicial review if necessary.

It directed the competent authority among the respondents to consider and decide the applicant’s representation dated September 29, 2023, by passing a reasoned and speaking order within four weeks of receiving the court’s order.

All pending Miscellaneous Applications (M.A.s) were also disposed of, with no order as to costs.