Delhi High Court - Orders
Kuldeep Singh Jareda vs Govt. Of Nctd & Ors on 29 October, 2021
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12354/2021 & CM Appl. 38858/2021
KULDEEP SINGH JAREDA ..... Petitioner
Through: Mr. Sachin Chowhan, Advocate
versus
GOVT. OF NCTD & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, Advocate with
Mrs. Tania Ahlawat, Mr Nitesh
Kumar Singh and Ms. Palak
Rohemetra, Advocates for
Respondent
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 29.10.2021 This matter is being heard through video-conferencing. CM Appl. 38858/2021
1. Allowed, subject to just exceptions.
2. Application disposed of.
W.P.(C) 12354/2021
3. The petitioner has filed this petition with the following prayers:-
"(i) Issue an appropriate writ in the nature of mandamus or any other appropriate writ and to quash and set-aside the order Memorandum dated 6.3.2017 alongwith Article of Charge and Imputation of misconduct, List of Witness and List of documents whereby the DE is being initiated against the petitioner under Rule 14 of CCS(CCA) Rules, 1965, Finding of Enquiry Officer report dated 23.6.2020 and Disciplinary Authority order dated 18.11.2020 whereby the punishment i.e. Reduction to a lower stage by one stage in his time scale of pay for a period of one year, with further directions that he will not earn any increments of pay during the period of such reduction and on expiry of such period the reduction will have the effect of postponing the future increment of his pay and to further direct the respondent that reduced lower stage of pay be restored as it was never reduced and increment be restored with all consequential benefits including seniority & promotion and pay & allowances.
Or To further direct the respondent to pass a reasoned and speaking order in respect of statutory appeal of petitioner that too in a time bound manner and otherwise the present DE proceeding stands abated.
c) Pass such other or further Order(s)/Direction(s), which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the present case to meet the ends of justice."
4. Mr. Sachin Chowhan, Advocate, for the petitioner states that the appeal filed against the Disciplinary Authority order is still pending consideration with the Appellate Authority though, 11 months have elapsed.
5. Mrs. Avnish Ahlawat, Advocate, appearing for the respondents states that because of his pre-occupation the Appellate Authority could not dispose of the appeal but shall do it within a period of three months.
6. This submission of Mrs. Avnish Ahlawat is objected to by Mr.Chowhan stating that the appeal having been pending from last 11 months, the period of three months is on a higher side.
7. Noting the submissions, it is directed that the Appellate Authority shall dispose of the appeal within a period of eight weeks from today and communicate the order to petitioner who may seek remedy as available in law, if any order is passed to his prejudice.
8. Petition and pending application are disposed of.
V. KAMESWAR RAO, J.
OCTOBER 29, 2021/ds