Union of India v. Navneet Rajan Wasan

Delhi High Court · 07 Apr 2025 · 2025:DHC:2413-DB
Navin Chawla; Renu Bhatnagar
W.P.(C) 1139/2025
2025:DHC:2413-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the Union of India's writ petition challenging a CAT order due to an unexplained delay of over five years, leaving the substantive issue open for future proceedings.

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W.P.(C) 1139/2025
HIGH COURT OF DELHI
Date of Decision: 07.04.2025
W.P.(C) 1139/2025
UNION OF INDIA .....Petitioner
Through: Ms. Manisha Agarwal Narain, CGSC
WITH
Mr. Nipun Jain, Adv.
VERSUS
NAVNEET RAJAN WASAN, IPS .....Respondent
Through: Mr. Anuj Kumar Agarwal and Dr. Kavita Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL)
JUDGMENT

1. Allowed, subject to all just exceptions. CM APPL. 5603/2025(Exemption)

2. This petition has been filed by the petitioner, challenging the Order dated 29.11.2018 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in Original Application No. 4035/2016 (hereinafter referred to as, ‘OA’) titled Navneet Rajan Wasan, IPS (Retd), v. Union of India, whereby the OA filed by the respondent was allowed by the learned Tribunal directing the petitioner to extend the benefit of the Apex Scale of Pay to the respondent, as was done in the cases of Sh. P. Mukherjee and Ms. Meeran C. Borwankar, with the attendant W.P.(C) 1139/2025 AND CM APPL. 5602/2025 & CM APPL. 5809/2025 benefits.

3. It is pertinent to mention here that this petition has been filed with a delay of 1905 days. Therefore, this Court vide its order dated 17.02.2025, taking into account such a huge delay, directed the petitioner to file an additional affidavit explaining the reasons for such delay.

4. In confidence of the above order, the petitioners have now filed an affidavit dated 18.02.2025, wherein the only contention raised for explaining the aforesaid delay is as under:

“3. It is respectfully submitted that the present case has worked upon by different Counsels for the Union of India. Appointment/Change in Counsels in the year 2019, 2020 and 2024 has been due to reasons like designation as senior, etc. 4. That vide order dated 30.01.2025, this Hon'ble Court was pleased to give time to file the supplementary affidavit with the better particulars in respect Para 3(p) of the application for condonation of delay in filing the writ petition. 5. On 9.2.2023, Counsel for Union of India sent a legal opinion dated Jan 2023 to the Petitioner. Thereafter, Vide letter No. 1- 210232/2016-IPS-III dated 7th March 2024 the Petitioner followed up with the Counsel for the Union of India. In response to the said letter, the Counsel sent an email dated 15 March 2024 reiterating his earlier communication, and also requesting the Petitioner to deliberate about the matter afresh and to send instructions.”

5. We do not find the above explanation sufficient enough to justify such a huge delay that has occurred in filing of the present petition.

6. The petition is, accordingly, dismissed on account of delay and laches, leaving the question of law open to be determined in appropriate proceedings.

NAVIN CHAWLA, J RENU BHATNAGAR, J APRIL 7, 2025 p Click here to check corrigendum, if any