W.P.(C)13432/2018 Page 1 of 6

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: April 29, 2021

+

W.P.(C) 13432/2018

INDERJEET DABAS

..... Petitioner

Through:

Mr. Rajat Aneja, Ms. Rajula and

Ms. Chandrika Gupta, Advs.

versus

THE DISTRICT AND SESSIONS JUDGE

(HEADQUARTERS)

..... Respondent

Through:

Mrs. Avnish Ahlawat, Standing

Counsel with Mrs. Tania Ahlawat,

Mr. N.K. Singh and Ms. Palak

Rohmetra, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

J U D G M E N T

V. KAMESWAR RAO, J

1. This petition has been filed by the petitioner seeking his

promotion to the post of Judicial Assistant w.e.f July 05, 2008.

2. Some of the brief facts are, on July 05, 2003, the

petitioner was appointed as Lower Division Clerk in the Office of

the District and Sessions Judge (HQs). While working on the

post of Ahlmad, in the Court of the then learned Additional

Sessions Judge, Patiala House Courts, New Delhi, he was charge

sheeted for illegally supplying uncertified copies of an order

dated July 28, 2009. The said charge sheet resulted in a penalty

of stoppage of two increments without cumulative effect vide

2021:DHC:1472

W.P.(C)13432/2018 Page 2 of 6

order dated September 02, 2014. On an appeal filed by the

petitioner against the order of the penalty, the same was modified

to the extent it was converted as withholding of one increment

without cumulative effect vide order dated August 02, 2016.

3. On August 23, 2017, an order was issued by the

respondent promoting 838 Junior Judicial Assistants (LDCs) to

the post of Judicial Assistants (UDCs) from different dates.

4. The case of the respondent is, the petitioner has been

given promotion to the post of Judicial Assistant w.e.f July 01,

2016 on the petitioner serving the penalty period.

5. It is the submission of Mr. Rajat Aneja, that the petitioner

had completed five years of service as Junior Judicial Assistant

(LDC) for being promoted as Judicial Assistant (UDC) on July

05, 2008 and many of his colleagues have been granted

promotion from that date. His submission was also that, as there

was no charge sheet issued / pending on July 05, 2008, there was

no impediment for the petitioner to be appointed as Judicial

Assistant. In support of his submission, he has relied upon the

instructions issued by DoP&T annexed at Page 71 of the paper

book to contend that a penalty is not an impediment for the

respondent to promote the petitioner with effect from July 05,

2008. He would rely upon the Judgment in the case of Sushant

v. The District and Sessions Judge, W.P.(C) 2894/2019 decided

on January 30, 2020. He also relied upon Pradeep Kumar v. The

District and Sessions Judge, W.P.(C) 2219/2018, decided on

March 09, 2018; N.K. Sood v. Food Corporation of India and

Ors., CWP 6543/1992 of the Punjab and Haryana High Court

2021:DHC:1472

W.P.(C)13432/2018 Page 3 of 6

decided on April 03, 2012; Union of India v. K. Krishnan, Civil

Appeal No. 4718/1991 decided on November 20, 1991.

6. On the other hand, Mrs. Avnish Ahlawat, learned counsel

appearing for the respondent would justify the action of the

respondent by contending that the petitioner has been rightly

given promotion w.e.f July 01, 2016 when the penalty ceased to

operate.

7. Having considered the submissions made by the learned

counsel for the parties, the only issue which arises for

consideration is whether the petitioner is entitled to promotion

w.e.f July 05, 2008 or July 01, 2016 as has been given to him.

8. The promotion in this case was given in the year 2017

with retrospective effect. Concedingly, the charge sheet which

has been issued to the petitioner was i