Delhi High Court - Orders
The New India Assurance Company Limited vs The National Commission For Scheduled ... on 17 April, 2026
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5184/2026
THE NEW INDIA ASSURANCE COMPANY LIMITED
.....Petitioner
Through: Mr. Vinit Trehan, Mr. Yash
Srivastava, Ms. Urvi Syal, Ms. Bhumi
Agarwal and Mr. Paramjeet Singh,
Advocates.
versus
THE NATIONAL COMMISSION FOR SCHEDULED TRIBES &
ANR. .....Respondents
Through: Mr. Brijesh Yadav, Mr. Rahul Yadav
and Ms. Nikita, Advocates for R-1.
Mr. T. Gopal, Mr. Darshan Lama and
Ms. Jyotika, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.04.2026 W.P.(C) 5184/2026 & CM APPL. 25371/2026 (seeking stay)
1. The Petitioner, The New India Assurance Company, assails the impugned notice dated 08th April, 2026 issued by Respondent No. 1, whereby the personal presence of the Chairman-cum-Managing Director (CMD) of the Petitioner has been insisted upon on 21st April, 2026. The Petitioner also impugns the recommendations dated 19 th December, 2025, whereby Respondent No. 1 has, in substance, recommended reinstatement of Respondent No. 2, an ex-employee of the Petitioner.
2. The impugned proceedings arises out of an incident dated 09th October, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 22:30:36 2007, when Respondent No. 2, then an employee of the Petitioner, was allegedly involved in a serious and violent episode at the Petitioner's Mumbai office. The incident allegedly involved assault and manhandling of senior officers, including the then CMD, along with abusive conduct and acts of vandalism causing damage to property. A departmental enquiry was conducted in accordance with the applicable rules, pursuant to which Respondent No. 2, along with certain other employees, was removed from service. The order of removal came to be affirmed by both the Appellate Authority and the Memorial Authority.
3. Nearly eighteen years thereafter, Respondent No. 2 submitted a representation dated 29th July, 2025 before Respondent No. 1, alleging caste- based discrimination for the first time. This led to the issuance of the impugned recommendations and subsequent notices. It is not in dispute that Respondent No. 2 has also independently challenged the order of removal before the Central Government Industrial Tribunal, where the proceedings are presently pending adjudication.
4. In light of the foregoing, prima facie, this Court finds that the impugned action initiated by Respondent No. 1 on the basis of a representation made by Respondent No. 2 after a lapse of eighteen years, and the resultant directions, though characterised as "recommendations" under Article 338A(5) of the Constitution, are in substance, adjudication of issues relating to concluded disciplinary proceedings. The summoning of the CMD, also prima facie appears to be a coercive step to secure compliance with recommendations which in the first instance could not have been issued. In light of the foregoing, till the next date of hearing, the impugned notice dated 08th April, 2026 as well as the recommendations dated 19 th This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 22:30:36 December, 2025 shall remain stayed.
5. Issue notice. Mr. Brijesh Yadav, counsel for R-1 and Mr. T. Gopal, counsel for R-2, accept notice.
6. Counter affidavit be filed within a period of six weeks from today. Rejoinder, thereto, if any, be filed within four weeks thereafter.
7. Re-notify on 08th September, 2026.
SANJEEV NARULA, J APRIL 17, 2026/hc This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/04/2026 at 22:30:36