Facts
The applicant, aged 61, is currently serving as the Director of the Directorate of Family Welfare, Government of NCT of Delhi
Source reference: p. 1-2She approached the Central Administrative Tribunal (CAT), Principal Bench, seeking a mandatory injunction against the respondents for the issuance of a "No Objection Certificate" (NOC) required for her passport application
Source reference: p. 2The applicant had previously submitted a representation dated 24.11.2025 (Annexure/A-3) to the authorities, which remained pending
Source reference: p. 3During the hearing, the applicant’s counsel limited the prayer to a request for a time-bound disposal of the said representation
Source reference: p. 3Issues
1. Whether the Tribunal should direct the respondents to decide the applicant's pending representation regarding the issuance of an NOC for a passport within a specific timeframe?
Source reference: p. 3, para. 4, 6Law Applied
The court exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding the recruitment and conditions of service of public servants
Source reference: p. 2, para. 1The court also noted the applicant's reliance on Ministry of External Affairs Office Memorandum No. VI/401/01/05/2014 dated 26.05.2014, which outlines the procedure for issuing NOCs to government employees for passport services, and the fundamental rights to travel and liberty guaranteed under Articles 19 and 21 of the Constitution of India
Source reference: p. 2, para. 1-2Reasoning
The Tribunal avoided examining the merits of the case, focusing instead on the procedural delay in addressing the applicant's administrative grievance
Source reference: p. 3, para. 6Since the applicant's counsel expressed satisfaction with a direction for a reasoned and speaking order on the pending representation, the Tribunal determined that the principles of natural justice would be satisfied by compelling the competent authority to act within a fixed period
Source reference: p. 3, para. 4, 6The Tribunal emphasized that this direction does not reflect an opinion on the merits, leaving the respondents free to decide the matter in accordance with existing law
Source reference: p. 3-4, para. 7Holding
The Tribunal disposed of the O.A. at the admission stage by directing the competent authority among the respondents to consider and decide the applicant's representation dated 24.11.2025
The respondents are ordered to pass a reasoned and speaking order within four weeks from the receipt of the certified copy of the order and communicate the decision to the applicant immediately thereafter
Source reference: p. 3, para. 6No costs were awarded
Source reference: p. 4, para. 10Original Court PDF
Dr Vandana BaggavsGNCTD
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