SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 250

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
EX./LNK. RADHA CHARAN SHARMA – Petitioner
Versus
UNION OF INDIA – Respondent
W.P. (C) No. 851 of 2023
Decided On : 23-01-2023

Advocates:
Advocate Appeared:
For the Petitioners: Shree Prakash Sinha, Anand Kumar, Akshit Anand, Rakesh Mishra, Rishabh Gupta.
For the Respondents: Farman Ali, Avshreya Rudy, Usha Jamnal, Krishan, Hemendra Singh.

Headnote:

Central Civil Services [Pension] Rules, 1972 – Rule 41 – Compassionate Allowance – Seeks Quashing of Impugned Order – Petition, petitioner seeks quashing of impugned order respondent

round of litigation filed by petitioner said petition was dismissed by a Co-ordinate Bench of this Court vide order upholding petitioner’s dismissal from service – Held, Learned Senior Panel Counsel for respondents accepts notice – Petitioner is challenging same today which is barred by delay and laches – Court direct respondents to pass a fresh order on representation preferred by petitioner in terms of order Co-ordinate Bench of this Court in within six weeks from today – petition is disposed of.

JUDGMENT :

1. Vide the present petition, petitioner seeks quashing of impugned order dated 15.06.2019 passed by respondent No. 3.

2. In earlier round of litigation in W.P. (C) No. 1998/2017 filed by the petitioner herein, the said petition was dismissed by a Co-ordinate Bench of this Court vide order dated 07.03.2019 upholding the petitioner’s dismissal from service, however, liberty was granted to the petitioner to make a representation before the respondents for grant of Compassionate Allowance under Rule 41 of the CCS (Pension) Rules.

3. Accordingly, the petitioner made representation dated 28.03.2019 before the respondents. The respondent No. 3 vide impugned order dated 15.06.2019 dismissed the representation of the petitioner on the ground that he was rightly dismissed from the service.

4. Respondent No. 3 has made observations in Para-7 of the impugned order dated 15.06.2019 which are as under:

    “7. Whereas, in the instant case, undersigned has examined your request in detail but has not found any extenuating features in your case that would make the punishment awarded to you as unduly hard in view of the conduct you have put in during your service.”

5. Learned counsel for petitioner submits that vide order dated 07.03.2019, the directions passed to the respondents were to decide the representation made by the petitioner for grant of Compassionate Allowance under Rule 41 of the CCS (Pension) Rules whereas vide the impugned order dated 15.06.2019, the respondent No. 3 has only justified the dismissal of the petitioner from service which is evident from Para-7 of the said order reproduced above.

6. Notice issued.

7. Learned Senior Panel Counsel for the respondents accepts notice. Though learned Senior Panel Counsel has disputed the issues raised in the present petition by the petitioner, however, he submits that the impugned order was passed on 15.06.2019 and now, petitioner is challenging the same today, which is barred by delay and laches.

8. Be that as it may, in the interest of justice, we hereby direct the respondents to pass a fresh order on representation dated 28.03.2019 preferred by the petitioner in terms of order dated 07.03.2019 passed by a Co-ordinate Bench of this Court in W.P. (C) No. 1998/2017 within six weeks from today.

9. With the aforesaid directions, the present petition is disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top