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HIGH COURT OF DELHI
Date of Decision: 16th October, 2024
MAHESH KUMAR SHARMA & ANR. .....Petitioners
Through: Mr. Abhay Kumar Bhargava, Adv.
Through: Mr. Rajesh Kumar, SPC
Officer) RAF.
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. This petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia challenging the Order dated 14.09.2024 issued by the Inspector General/Principal of Central Training Centre, Gwalior, CRPF, whereby the respondents have taken a decision to recover the alleged inadmissible training allowance granted to the petitioners for the period from 01.04.2019 to 31.03.2023.
2. In the Impugned Order itself, the petitioners have been granted an opportunity to make a representation against the same within fifteen days from the date of issuance of the said notice.
3. The learned counsel for the respondents, who appears on advance notice, submits that the petitioners have not submitted any W.P.(C) 14503/2024 representation against the Impugned Order.
4. The learned counsel for the petitioners submits that it was not possible for the petitioners to submit their representations within fifteen days of the issuance of the Impugned Order as they were posted at remote places and in any case, did not have the wherewithal or the legal acumen to make a representation in such a short period.
5. Keeping in view the submissions made, it is directed that the respondents shall consider the present petition as a representation of the petitioners in terms of the Impugned Order dated 14.09.2024, and decide the same by way of a speaking order.
6. In case the decision of the respondents is adverse to the interest of the petitioners, the same shall not be given effect to and no recovery shall be made from the petitioners for a period of two weeks of communication of the said order to the petitioners. The petitioners in that event shall be free to avail of their legal remedies, as may be advised, against the order passed by the respondents.
7. We make it clear that we have not expressed any opinion on the merit of the present petition or the Impugned Order dated 14.09.2024 passed by the respondents.
8. The petition along with pending application stands disposed of in the above terms.
NAVIN CHAWLA, J SHALINDER KAUR, J OCTOBER 16, 2024/ab/B/as Click here to check corrigendum, if any