Ashok Kumar v. Union of India and Ors.

Delhi High Court · 18 May 2016 · 2016:DHC:4046
Hima Kohli; Sunil Gaur
W.P.(C) 10209/2015
2016:DHC:4046
administrative petition_allowed

AI Summary

The Delhi High Court directed the deployment of the petitioner to the Embassy of India in Kathmandu based on peculiar facts, clarifying that the order is not a precedent.

Full Text
Translation output
WP(C) 10209/2015
HIGH COURT OF DELHI
W.P.(C) 10209/2015
ASHOK KUMAR ..... Petitioner
Through: Ms. Jyoti Sïngh, Senior Advocate with
Mr. Dinesh Yadav, Advocate
VERSUS
UNION OF INDIA AND ORS. ..... Respondents
Through: Ms. Jaswinder Singh, Advocate with Dr. G.L. Bhatia, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 18.05.2016
JUDGMENT

1. After hearing the counsels for the parties, a detailed order was passed on 13.01.2016, whereafter the matter was taken up on several dates. The present order is in continuation of the orders dated 06.05.2016 and 11.05.2016. On 11.05.2016, it had been enquired from the counsel for the respondents as to why has the petitioner not been deployed at the Embassy of India at Kathmandu, Nepal just as the other two officers mentioned in para 2 of the said order, were deployed.

2. Today, counsel for the respondents states that without going further into the controversy and keeping in mind the fact that one vacancy in the 2016:DHC:4046 WP(C) 10209/2015 rank of Sub-Inspector, CISF has been reserved in terms of the order dated 13.01.2016 passed in the present proceedings, the respondents shall deploy the petitioner for duty at the Embassy of India at Kathmandu, Nepal. He, however, submits that the present case may not be treated as a precedent for any other case as the said concession has been given in view of the peculiar facts of the case in hand.

3. In view of the submission made by the counsel for the respondents, the present petition is disposed of with directions issued to the respondents to deploy the petitioner for duty at the Embassy of India at Kathmandu, Nepal, on or before 09.07.2016.

4. It is clarified that the order passed above is in the peculiar facts and circumstances of the present case and shall not be treated as a precedent in any other case. HIMA KOHLI, J SUNIL GAUR, J MAY 18, 2016 rkb