Pooja Rao vs Indo-Tibetan Border Police Force ...
2022 Latest Caselaw 207 Del

                              $~61
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 1222/2022
                                     POOJA RAO                                              ..... Petitioner
                                                       Through      Ms.Dhriti Chhabra with Mr.Piyush
                                                                    Sharma and Mr.Aditya N.Prasad,
                                                                    Advocates.
                                                       versus

                                     INDO-TIBETAN BORDER POLICE FORCE & ANR.
                                                                          ..... Respondents
                                                       Through      Ms.Aakanksha Kaul, Advocate.

                              %                                     Date of Decision: 20th January, 2022

                                     CORAM:
                                     HON'BLE MR. JUSTICE MANMOHAN
                                     HON'BLE MR. JUSTICE NAVIN CHAWLA

                                                          JUDGMENT

MANMOHAN, J (ORAL)

1. The matter has been heard by way of video conferencing.

2. Present writ petition has been filed seeking a direction to the Respondent No.1 to take necessary decision on the Petitioner's representation dated 28th October 2021 qua payment of maintenance t o t he Petitioner and her daughter within two weeks.

3. Learned counsel for the Petitioner states that the Petitioner is the lawfully wedded wife of Sh. Manne Joshi Babu, cu rrently serving in t he ITBP as a Head Constable. She states that the Petitioner has a daughter wh o was born out of wedlock and since the last one and a half years, the

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:22.01.2022

Petitioner and her two-year-old daughter have been completely abandoned by the Petitioner with no financial assistance whatsoever, and the Petitioner has been struggling to make ends meet with immense hardship.

4. She states that the Petitioner is currently residing at her parental home in New Delhi and her ageing parents are facing immense difficulty in providing financial assistance for the Petitioner and her dau ghter. Sh e also emphasises that the Petitioner is single-handedly t aking care of h er t wo- year-old daughter and hence is not able to take up any employment.

5. She states that even though the Petitioner, vide representation dat ed 28th October 2021, apprised the DG, ITBP of his statutory powers under t he ITBP Act, 1992 and ITBP Rules, 1994 and requested him for issuing an order for payment of maintenance monthly, deductible from the salary of the Petitioner's husband, yet no substantive action has been taken by the DG till date.

6. Issue notice. Ms.Aakanksha Kaul, Advocate accepts notice on behalf of the Respondents. She states that the decision in the present case has to be taken by the prescribed officer i.e. the Commandant, 53rd (Bn.).

7. Keeping in view the limited prayer sought in the present writ petition, the same is disposed of directing the Commandant, 53rd (Bn.) to decide t he Petitioner's representation dated 28th October, 2021 by way of a reason ed order in accordance with law within four weeks.

MANMOHAN, J

NAVIN CHAWLA, J JANUARY 20, 2022/KA

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:22.01.2022