High Court of Gujarat
AMAN IMRAN ASADDAR ALI BARBHUIYAversusUNION OF INDIA
- Decided
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- NIRZAR S DESAI
Holding
The High Court may direct the respondent to decide a pending appeal within a reasonable time without delving into the merits of the case.
Summary
Aman Imran Asaddar Ali Barbhuiya filed a Special Civil Application seeking a direction that the Union of India decide his pending appeal against termination of his services. The petitioner had already filed the appeal on 5 February 2026, which was received by the respondent on 9 February 2026 and remained pending. The petitioner’s counsel requested the court to set a time‑bound deadline for the respondent to dispose of the appeal. The court, without examining the merits of the termination, entertained the limited prayer and ordered the respondent to decide the appeal within six months of receiving the order. The petition was consequently disposed of without any order as to costs. The order also permitted service by speed post in addition to normal service.
Issues considered
- Whether the High Court can issue a mandatory time‑limit for the respondent to decide a pending appeal without addressing the merits of the underlying dispute
Subjects
- service termination
- appeal
- court direction
- administrative law
- time limit
- special civil application
Judgment
C/SCA/6396/2026 ORDER DATED: 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6396 of 2026
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AMAN IMRAN ASADDAR ALI BARBHUIYA
Versus
UNION OF INDIA & ANR.
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Appearance:
MR. MEHUL A SHARMA(16314) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 04/05/2026
ORAL ORDER
1. Heard, learned Advocate, Mr. Sharma, appearing for
the petitioner.
2. At the outset, learned Advocate, Mr. Sharma,
appearing for the petitioner submitted that the petitioner
has already preferred an appeal, under the relevant
regulations, on 05.02.2026 against the termination of his
services, which was duly received by Respondent No.1 on
09.02.2026 and which is pending, since then. It was,
therefore, prayed that Respondent No.1 be directed to
decide the same within some time-bound period.
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C/SCA/6396/2026 ORDER DATED: 04/05/2026
3. Heard. Looking to the innocuous prayer made by
learned Advocate, Mr. Sharma, at this juncture, without
entering into the merits of the matter, and as this Court is
not aware about the pendency of work with Respondent
No.1, Respondent No.1 is directed to decide the appeal of
the petitioner as early as possible, but, not later than six
months from the date of receipt of a copy of this order. This
petition stands disposed of, accordingly. No order as to
costs.
Over and above the normal mode of service, direct
service through speed post is also permitted.
(NIRZAR S. DESAI,J)
UMESH/-
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 04/05/2026 17:02:23
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