M Balan v. Union of India & Ors.

Delhi High Court · 11 Nov 2024 · 2024:DHC:8724-DB
Navin Chawla; Shalinder Kaur
W.P.(C) 15669/2024
2024:DHC:8724-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed the respondents to treat the petitioner's plea for an additional inquiry as a representation and pass a reasoned order within 12 weeks, without expressing any opinion on merits or jurisdiction.

Full Text
Translation output
W.P.(C) 15669/2024
HIGH COURT OF DELHI
Date of Decision: 11.11.2024
W.P.(C) 15669/2024
M BALAN .....Petitioner
Through: Ms.Saahila Lamba, Adv.
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Ashok Kr. Kashyap, SPC
WITH
Mr.Kabir Kr. Hazarika, GP.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
JUDGMENT

1. This petition has been filed by the petitioner praying for the respondents to conduct an additional Court of Inquiry (COI) into the incident dated 09.12.2019, wherein the son of the petitioner unfortunately lost his life. The petitioner further prays for an appropriate action to be taken based on the additional COI that ought to be conducted by the respondents.

2. Having considered the nature of the prayer made and the allegations made in the petition, and without making any comment on the submissions of the learned counsel for the respondents on the W.P.(C) 15669/2024 territorial jurisdiction, we are of the opinion that the respondents should consider the present petition as a representation of the petitioner and pass a speaking order thereon within a period of 12 weeks from today, communicating its decision to the petitioner. In case, the petitioner is aggrieved by the said decision, it shall be open to the petitioner to challenge the same in accordance with law.

3. We make it clear that we have not expressed any opinion on the merits of the claim made by the petitioner and the same shall be considered by the competent authority independently in accordance with the law.

4. With the above observations and directions, the petition is disposed of.

NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 11, 2024/rv/DG Click here to check corrigendum, if any