DELHI HIGH COURT
SURESH KUMAR KAIT, ANUP JAIRAM BHAMBHANI
K.Z. Khan – Appellant
Versus
National Commission for Women – Respondent
| Table of Content |
|---|
| 1. appellant seeks retraction of order without due notice. (Para 1 , 4 , 5) |
| 2. court acknowledges acceptance of notice by respondents. (Para 2 , 3) |
| 3. court declines to interfere with the interim order. (Para 6 , 7) |
| 4. appeal dismissed; pending applications resolved. (Para 8 , 9) |
1. The present appeal has been preferred by the appellant seeking the setting aside of interim order dated 24.02.2022 passed in W.P.(C) No. 2622/2022 and a direction to the respondents to permit the appellant to resume office as Private Secretary to the Chairperson, National Commission for women, during pendency of the aforesaid writ petition.
2. Issue notice.
3. Mr. Vivek Kumar Goyal, learned counsel appearing on behalf of respondents Nos.1 to 3 and Mr. Sidharth Khatana, learned counsel appearing on behalf of respondents Nos. 4 to 6 accept notice.
4. The case of the appellant is that impugned order dated 24.02.2022 has not stayed the operation of Office Order No. 12/2021- 22/Establishment dated 02.02.2022, whereby the appellant has been repatriated to his parent department from the National Commission for Women. The appellant has filed the present appeal on the ground t
Procedural fairness must be upheld, yet an executed order of reversion does not provide grounds for appeal if there are no significant procedural violations affecting status.
The main legal point established is that repatriation can be justified based on unsatisfactory performance and an employee's own undertaking, and the requirement of a three months' notice may not app....
Procedural compliance is essential during the premature reversion of employees from deputation, necessitating adherence to the three-month notice requirement as outlined in the Office Memorandum.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
Service Law - Post of Presenting Officer – Sought to Direct respondent to continue petitioner on deputation till expiry of this remaining tenure as extended by the Competent Authority with all conseq....
Premature repatriation of a deputationist must comply with natural justice principles and procedural norms, and authority must be competent as per relevant statutes.
Applicability of relevant OM to officers on deputation outside India
The importance of natural justice, the requirement of notice before termination, and the entitlement of employees to continue in service pursuant to valid extension orders.
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