Sandeep Kumar v. Union of India & Anr

Delhi High Court · 24 Mar 2023 · 2023:DHC:2157-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 12961/2018
2023:DHC:2157-DB
administrative petition_dismissed

AI Summary

The Delhi High Court clarified that compulsory retirement with pensionary benefits does not amount to a stigma but refused to reinstate the petitioner or grant further benefits.

Full Text
Translation output
Neutral Citation Number: 2023:DHC: 2157-DB
W.P.(C) 12961/2018
HIGH COURT OF DELHI
Date of Decision: 24th March, 2023
W.P.(C) 12961/2018 & CM APPL. 47682/2022, 56546-56547/2022
& 14589/2023 SANDEEP KUMAR ..... Petitioner
Through: Mr. Samundra S. and Mr. B.S. Jarial, Advocates
VERSUS
UNION OF INDIA & ANR .... Respondents
Through: Mr. Ghanshyam Mishra, Central Govt. Counsel with Mr. Manish Kumar Sharma, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide the present petition, petitioner is seeking setting aside/quashing of orders dated 04.04.2015 of DA, 13.07.2015 of Appellate Authority, 02.01.2016 of DIG and June, 2018, passed by the respondents for removal of petitioner from service; directions to respondents to restore him in the service as per his seniority in the regular service.

2. Learned counsel for petitioner, on instructions, submits that though compulsory retirement of petitioner is with pensionary benefits, however, he submits that this Court may clarify that the order of compulsory retirement is not a stigma. 12:11 Neutral Citation Number: 2023:DHC: 2157-DB W.P.(C) 12961/2018

3. Notice issued.

4. Learned counsel for respondents accepts notice.

5. Since there is no prejudice caused to the respondents, we hereby make it clear that the order of compulsory retirement will not be considered as stigma against the petitioner. However, pursuant to this order, petitioner shall not claim any benefit from the respondents.

6. With the aforesaid directions, the present petition is disposed of. Pending applications also stand disposed of.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MARCH 24, 2023 12:11