CAT - ['Chandigarh']
Employment and Labour LawAdministrative and Public Law

Competent authority must decide the pending representation by a reasoned, speaking order within four weeks.

Mohit Kumar vs CHANDIGARH ADMINISTRATION

CAT - ['Chandigarh']JUDGMENT: August 20, 20262 MIN READSOURCE JUDGMENT
Competent authority must decide the pending representation by a reasoned, speaking order within four weeks.. Mohit Kumar vs CHANDIGARH ADMINISTRATION. CAT - ['Chandigarh']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a Clerk in the Engineering Department of the Chandigarh Administration, applied on 2 July 2025 for out-of-turn government accommodation on medical grounds, citing his father’s severe road accident and subsequent neurosurgeries.

Source reference: para. 1

His case remained undecided despite an unallotted medical-category vacancy in the House Allotment Committee (Lower) meeting dated 25 September 2025.

Source reference: para. 1

Through RTI applications, a first appeal, and CPGRAMS grievances, the applicant sought information regarding the vacancy and learned that no committee meetings had been held between 25 September 2025 and 31 March 2026.

Source reference: para. 2

He subsequently alleged that the vacancy had been allotted to another person without convening a committee meeting.

Source reference: para. 2

The applicant submitted a representation dated 11 July 2026 to the Secretary, House Allotment Committee, seeking reconsideration and examination of the allotment procedure, but the representation remained undecided.

Source reference: para. 3

He therefore filed the present OA seeking a direction for its disposal.

Source reference: para. 3
02

Issues

Whether the respondents could be directed to consider and decide the applicant’s representation dated 11 July 2026 concerning his claim for out-of-turn government accommodation and the alleged allotment of the medical-category vacancy.

Source reference: paras. 2–3, 6–9

Whether the representation was required to be disposed of by a reasoned and speaking order within a prescribed time frame.

Source reference: paras. 8–9
03

Law Applied

The Tribunal applied the principles of natural justice and fair administrative decision-making, under which a competent authority must consider a pending representation and communicate its decision through a reasoned and speaking order.

Source reference: paras. 8–12

The Tribunal also followed the settled procedural principle that, where the applicant seeks only consideration of a representation and the respondents have no objection, the matter may be disposed of by issuing a time-bound direction without adjudicating the underlying merits.

Source reference: paras. 8–12

No specific statutory provision or judicial precedent was cited or relied upon in the order.

Source reference: paras. 8–12
04

Reasoning

The applicant’s grievance before the Tribunal was confined to the respondents’ failure to decide his representation dated 11 July 2026, rather than a request for direct allotment of accommodation.

Source reference: para. 6

The respondents did not oppose a direction requiring consideration of the representation.

Source reference: para. 7

In order to meet the requirements of natural justice, the Tribunal directed Respondent No. 2, identified as the competent authority, to examine the representation and address the contentions raised therein by passing a reasoned and speaking order.

Source reference: paras. 8–12

The Tribunal expressly refrained from examining the legality or merits of the alleged allotment or the applicant’s entitlement to accommodation.

Source reference: paras. 8–12
05

Holding

The OA was disposed of at the admission stage.

Respondent No. 2 was directed to decide the applicant’s representation dated 11 July 2026, including all contentions raised therein, by a reasoned and speaking order within four weeks from receipt of the certified copy of the Tribunal’s order.

Source reference: paras. 9–10

The applicant was directed to furnish a copy of the order along with the OA to the competent authority.

Source reference: para. 11

The Tribunal clarified that it had not expressed any opinion on the merits of the case, and made no order as to costs.

Source reference: paras. 11–13
CAT - ['Chandigarh']

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Mohit KumarvsCHANDIGARH ADMINISTRATION

CAT - ['Chandigarh'] · August 20, 2026

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