Pending administrative representations justify condonation of delay and warrant directions for reasoned disposal.

The applicant, Virender Kumar, challenged an order dated 07.01.2023 passed by the Union Home Secretary pursuant to a Memorandum dated 05.09.2017 issued by the Government of NCT of Delhi

Prior to filing the Original Application (OA), the applicant had submitted departmental representations (Annexure A-5 and A-6) which remained pending

This pursuit of internal remedies resulted in a delay in filing the OA, prompting the applicant to file a Miscellaneous Application (MA) for condonation of delay

The respondents contended that the actual delay was approximately 285 days rather than the 170 days cited by the applicant

1. Whether the delay in filing the OA should be condoned on the grounds that the applicant was pursuing departmental representations

2. Whether the Tribunal should direct the respondents to decide the pending representations through a reasoned and speaking order

Section 21 of the Administrative Tribunals Act, 1985, which governs the limitation period for filing applications

Principle that delay may be condoned where an applicant is not "slack" but is actively agitating grievances through representations to the respondents

Administrative law principle requiring authorities to pass "reasoned and speaking orders" when disposing of departmental grievances

The Tribunal found that the applicant had been diligent in agitating his grievances through internal representations rather than being inactive

It noted as undisputed that the respondents had yet to consider or dispose of the applicant's representations (Annexure A-5 and A-6)

In light of these circumstances, the Tribunal held that the delay was excusable and condoned it

Regarding the main OA, the Tribunal, with the consent of both parties, opted not to examine the merits of the case at this stage. Instead, it determined that the appropriate procedural remedy was to mandate the competent authority to exercise its jurisdiction by deciding the pending representations, thereby ensuring the applicant received a formal administrative response

The OA was disposed of at the admission stage with a direction to the competent authority among the respondents to consider and decide the applicant's representations (Annexure A-5 and A-6) by passing a reasoned and speaking order within twelve weeks

No order as to costs was issued