Komal Tiwari Vs Union of India through the Secretary Ministry of Home Affairs — Jharkhand HC (2024) — LawSathi Research

Komal Tiwari Vs Union of India through the Secretary Ministry of Home Affairs — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued: petitioner to file a fresh representation with relevant documents within two weeks; respondents to consider it in accordance with law, afford ample opportunity of hearing, and pass a speaking and reasoned order within a further six weeks, to be communicated to the petitioner; benefits, if petitioner found entitled, to be extended within a further four weeks.

Issue for consideration

Whether the petitioner, formerly a Constable in CISF punished with compulsory retirement, is entitled to payment of pensionary benefits and other entitlements, for which her representation before the authorities remains undecided. +1 more

Court's answer

If the petitioner is found entitled to the benefits prayed for, the same may be extended to her within a further period of four weeks.

Ratio / Principle

Petitioner directed to file a fresh representation annexing all the relevant documents on which she relies, within two weeks from the date of receipt of a copy of the order.

Key takeaways

Respondents shall consider the fresh representation in accordance with law and, after affording ample opportunity of hearing to the petitioner, pass a speaking and reasoned order.ratio¶19
The speaking and reasoned order is to be passed within a further period of six weeks, taking into consideration the prevalent rules, guidelines and legal propositions, and shall be communicated to the petitioner.ratio¶19

Detailed headnote1 paragraphs

Writ petition (service) disposed of with directions (Dr. S.N. Pathak, J., High Court of Jharkhand at Ranchi, 15.03.2024). Petitioner Komal Tiwari, a CISF Constable punished with compulsory retirement along with full pensionary benefits and gratuity — the punishment having been affirmed on appeal and non-interference having been declined correction in W.P.(S) No.1131 of 2012 — had a representation for payment of pensionary benefits and other entitlements lying unanswered before the authorities. The Court directed her to file a fresh representation annexing all relevant documents within two weeks of receipt of a copy of the order, and ordered the respondents (Union of India and CISF officers, Kaiosib Unit, BSL Bokaro Steel City) to consider it in accordance with law, afford ample opportunity of hearing, and pass a speaking and reasoned order within a further six weeks, taking into account prevalent rules, guidelines and legal propositions, and to communicate it to her; any benefits found due were to be extended within a further four weeks. No statute or precedent was cited or engaged.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 167 of 2024

Komal Tiwari

………. Petitioner

Versus

1.Union of India through the Secretary, Ministry of Home Affairs, Grih Mantralaya, North Block, New Delhi

2.Inspector General, CISF, Kaiosib Unit, BSL Bokaro Steel City- 1, District-Bokaro

3.Deputy Inspector General, CISF, Kaiosib Unit, BSL, Bokaro Steel City-1, Dist.-Bokaro

4.Senior Commandant (Administration)/Disciplinary Authority, Office of Deputy Inspector General, CISF, Kaiosib Unit, BSL, Bokaro Steel City-1, Dist.-Bokaro

5.Commandant, CISF, Kaiosib Unit, BSL, Bokaro Steel City-1, Bokaro

………. Respondents

CORAM: HON'BLE DR. JUSTICE S.N.PATHAK

----------For the Petitioner : Mr. Pankaj Srivastava, Advocate For the Respondents : Mr. Anil Kumar, ASGI Mr. Shiv Kumar Sharma, CGC ----------

03/ 15.03.2024 Heard the parties.

2. At the very outset, learned counsel for the petitioner submits that petitioner who was working as a Constable in CISF has been inflicted with punishment of compulsory retirement along with full pensionary benefits and gratuity. The order was challenged in appeal which was not interfered and the order of punishment was affirmed. Aggrieved thereto, the same was challenged before this Court in W.P.(S) No.1131 of 2012, however Court refused to interfere in the impugned order. Thereafter, petitioner filed representation before the authorities for payment of pensionary benefits along with other entitlement. The same is still pending and no orders have been passed till date. Learned counsel accordingly submits that suffice it would be if a direction is given to the petitioner to file fresh representation for redressal of her grievances and upon receipt of the same, respondents may be directed to pass reasoned order on her representation within a stipulated period of time.

3. Learned counsel for the respondent-UOI submits that if this Court directs the petitioner to file fresh representation before the respondentauthorities, the respondents shall pass reasoned order on the same and if there is no legal impediments, the benefits for which the petitioner is found entitled for shall be released to her, in accordance with law.

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4. In view fair submissions of learned counsel for the parties, I hereby direct the petitioner to file fresh representation annexing all the relevant documents on which she is relying, within a period of two weeks from the date of receipt of a copy of this order and after receiving the same alongwith the copy of this order, the respondents shall consider the same in accordance with law and after affording ample opportunity of hearing to the petitioner, pass a speaking and reasoned order, taking into consideration the prevalent rules, guidelines and legal propositions, within a further period of six weeks, which shall also be communicated to the petitioner.

5. It goes without saying that if the petitioner is found entitled for the benefits, as prayed for, the same may be extended to her within a further period of four weeks.

6. With these observations and directions, the writ petition stands disposed of.

(Dr. S.N. Pathak, J.)

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