Back
DELHI HIGH COURT
RAJIV SHAKDHER, JASMEET SINGH
Union of India – Appellant
Versus
Vijay Kumar Trivedi – Respondent
| Table of Content |
|---|
| 1. introduction and background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. tribunal's decision to quash notification. (Para 18 , 19 , 20) |
| 3. petitioner argues the violation of dopt guidelines. (Para 21 , 22 , 24 , 25 , 26 , 27 , 29 , 33 , 34) |
| 4. respondent contests the deemed resignation as unjust. (Para 40 , 41 , 43 , 44 , 46 , 47) |
| 5. court confirms substantial compliance with natural justice. (Para 50 , 51 , 52 , 56 , 58 , 60) |
| 6. court sets aside tribunal order; resignation effective from effective date. (Para 80 , 81 , 82) |
JUDGMENT
Jasmeet Singh, J. The present writ petition has been filed by the Union of India through the Ministry of External Affairs (MEA) as well as Department of Personnel and Training (DoPT) seeking a challenge to the order dated 18.01.2019 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in Original Application (O.A.) No. 1631 of 2017 titled `Sh. Vijay Kumar Trivedi Vs. Union of India & Anr.'.
2. Briefly stating the facts giving rise to filing of the present writ petition are:
3. The respondent is an Indian Foreign Service Officer (IFS) of 1994 Batch and was per
The court clarified the effective date of the deemed resignation and upheld the validity of the notification deeming the respondent to have resigned from service.
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.
A government employee on deputation does not have an absolute right to choose when to move to another department, and the refusal of the parent department to issue a No Objection Certificate (NOC) fo....
Doctrine of unreasonableness is giving way to the doctrine of proportionality and on certain aspects even judicial review of fact is permissible.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
