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HIGH COURT OF DELHI
JUDGMENT
MUJEEB ALAM ..... Petitioner
For the Appellant: Mr. Bhanu Gupta and Mr. Utkarsh Kandpal, Advocates.
For the Respondents: Mr. Gaurav Sharma, Advocate.
HON'BLE MR. JUSTICE MANOJ JAIN
1. Petitioner seeks quashing or order dated 08.11.2017 to the limited extent that petitioner was reinstated with effect from 14.10.2017 instead of 08.10.2010 i.e., the date of termination.
2. Petitioner was undergoing training to join the Central Reserve Police Force, however, during training, he was terminated. Petitioner challenged the termination before the Gauhati High Court at Gauhati and by judgment dated 18.05.2017 in W.P. (C) 1129/2011, it was directed that the petitioner shall be reinstated. Thereafter, a reinstatement order dated 08.11.2017 had been passed, holding that the period between termination and date of reinstatement be treated as non-duty and principle of ‘no-work, no-pay’ has been applied. W.P.(C) 10345/2023
3. Petitioner has given a representation on 27.06.2023, which is pending consideration before the competent authority.
4. Learned counsel for respondents, who appears on advance notice, objects to the maintainability of the petition and submits that petitioner has approached this Court belatedly. He submits that it is only on 27.06.2023, for the first-time petitioner has filed any representation. He further submits that this Court would not have territorial jurisdiction to entertain the petition for the reason that the orders of termination and reinstatement have both been passed by the competent authority at Gauhati.
5. Without prejudice to the objection raised by the respondent with regard to maintainability of the petition, delay and laches and the objection with regard to the territorial jurisdiction of this Court, this petition is disposed of, directing the respondents to decide the representation of the petitioner expeditiously, preferably within a period of eight weeks from today.
6. It is clarified that this Court has neither considered, nor commented on the merits of the contention of either party and that this order shall not grant any special equities to the petitioner in terms of maintainability, limitation or territorial jurisdiction of this Court.
7. Dasti under signature of the Court Master.
SANJEEV SACHDEVA, J MANOJ JAIN, J AUGUST 7, 2023