Asheem Srivastav v. National Commission for Protection of Child Righis

High Court of Diclhi At New Delhi · 22 Apr 2019 · 2019:DHC:7553
Vibhu BakhrU
W.P.(C)4426/2016
2019:DHC:7553
administrative petition_dismissed

AI Summary

The Delhi High Court held that adverse observations in an administrative resolution shall not prejudice a retired employee and disposed of the petition as academic, leaving leave-related issues to separate adjudication.

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* IN THE HIGH COURT OF DICLHI AT NEW DELHI
+ W.P.(C)4426/2016 and CM APPL. 18499/2016
ASHEEM SRIVASTAV Petitioner rhrough: Mr G.S.Chaturvedi,Advocate.
VERSUS
NATIONAL COMMISSION FOR PROTECTION
OF CHILD RIGHIS AND ORS. Respondents
Through: Mr R.V. Sinha and Mr A.S. Singh, Advocates for R-1 & 2.
Mr Ajay Digpaul, CGSC with Mr
Prashant Singh, Advocate for UOI/R-
3.
COILAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
% 22.04.2019
ORDER

1. The petitioner has filed the present petition, inter alia, impugning a resolution dated 17.02.2016 passed by respondent no.l (NCPCR). By the impugned resolution, respondent no.l had requested Department of Personnel and Training(DoPT)for posting a suitable person in place ofthe petitioner. At the material time, the petitioner was functioning as the Member Secretary ofNCPCR.

2. The petitioner has superannuated from service. In this view, the controversy. in the present petition has been, rendered academic. Nonetheless, the learned counsel appearing for the petitioner submits that adverse observations had been made in the impugned resolution and the same would prejudice the petitioner.

3. In view of the aforesaid, it is clarified that'the adverse observations 2019:DHC:7553 a/ made in the impugned resolution would not be read to the prejudice ofthe, petitioner in any manner.

4. In view ofthe above,the leamed counsel for the petitioner also does not press for the prayers for exemplary costs or compensation.He,however, submits that the petitioner was not permitted to work from 19.02.2016 to 25.05.2016 and the said period has been considered as the petitioner being non-functional. He submits that it would be apposite to treat that period as paid leave, as has been done for the subsequent period by the order dated 25.05.2016.He states that a writ petition(W.P.(C)5874/2017)in this regard has been fried,which is now listed on 02.07.2019.

5. The petition is disposed of in the aforesaid terms. The pending application stands disposed of.

VIBHU BAKHRU,J APRIL 22,2019 RK