Deep Chand v. Union of India

Delhi High Court · 13 Aug 2020 · 2020:DHC:2528-DB
Siddharth Mridul; Talwant Singh
W.P.(C) 5244/2020
2020:DHC:2528-DB
administrative appeal_dismissed

AI Summary

The Delhi High Court directed the Central Administrative Tribunal to expeditiously adjudicate the petitioner’s OA challenging compulsory retirement, without interfering with the impugned orders.

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W.P.(C) 5244/2020
#14 HIGH COURT OF DELHI
JUDGMENT
Delivered On: 13.08.2020 DEEP CHAND .....Petitioner
versus
UNION OF INDIA THROUGH THE SECRETARY & ORS. ......Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. M.D. Jangra, Advocate
For the Respondents : None
CORAM:
HON’BLE MR. JUSTICE SIDDHARTH MRIDUL
HON’BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
CM APPL.18890/2020 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
CM APPL.18889/2020 (Exemption)
The present application under Section 151 of the Code of Civil
Procedure, 1908 has been filed on behalf of the applicant/petitioner
2020:DHC:2528-DB seeking exemption from filing duly attested affidavits in support of the accompanying petition, as well as, application.
For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant/petitioner is allowed to file the duly signed and attested affidavits within a period of one week from the date of resumption of regular functioning of the Court.
With the above direction, the present application is disposed of.

1. The present petition under Articles 226/227 of the Constitution of India, instituted on behalf of the petitioner, prays as follows:- “(a) To quash and set aside impugned order dated 06.07.2020 (Annexure P-1) passed in OA No.741/2020 & MA No. 1035/2020 by Central Administrative Tribunal (PB), New Delhi and impugned relieving order/e-mail dated 09.04.2020 issued by respondents by issuing appropriate directions to the respondents to maintain status quo towards the services of the petitioner as on date 08.04.2020 in the interest of justice. (b) Pass such other direction or directions order or orders as this Hon’ble Court may deem fir and proper to meet the ends of justice.”

2. After lengthy arguments of Mr. M.D. Jangra, learned counsel appearing on behalf of the petitioner limits the relief in the present proceedings to a direction to the learned Central Administrative Tribunal, Principal Bench, New Delhi, to expeditiously adjudicate O.A. No.100/741/2020, on the ground that he has been compulsorily retired, contrary to the law.

3. Having heard learned counsel appearing on behalf of the petitioner and perused the petition, as well as, the relevant material annexed to the writ petition, the only course of action, that commends itself to us is to direct the learned Central Administrative Tribunal to adjudicate the subject O.A. No.100/741/2020, expeditiously and preferably within a period of four months from the next date of hearing of the subject OA before the learned Central Administrative Tribunal i.e. 21.08.2020, without granting any unwarranted adjournments to the parties.

4. No further directions are called for.

5. With the above directions, the present writ petition is disposed of.

6. A copy of this order be sent to the learned Central Administrative Tribunal for necessary information and compliance. A copy of this order be transmitted through electronic mail to the counsel for the petitioner and be also uploaded on the website forthwith.

SIDDHARTH MRIDUL (JUDGE)

TALWANT SINGH (JUDGE) AUGUST 13, 2020 dn/pa Click here to check corrigendum, if any