Delhi High Court - Orders
Alka Srivastava vs Indian Council For Social Science ... on 2 December, 2021
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13454/2021
ALKA SRIVASTAVA
..... Petitioner
Through: Mr. M.S. Ganesh, Sr. Adv. with
Mr. T.V.S. Raghavendra Sreyas,
Mr. Siddharth Vasudev &
Ms. Gayatri Gulati, Advs.
versus
INDIAN COUNCIL FOR SOCIAL SCIENCE RESEARCH & ORS.
..... Respondent
Through: Mr. Amitesh Kumar, Adv. with
Ms. Binisa Mohanty & Ms. Priti
Kumari, Advs. for R-1
Ms. Aabha Malhotra, Sr. Panel
Counsel with Mr. Jitendra Kumar
Tripathi, GP for R-2/UOI
Mr. Shreesh Chadha, Adv. for
Mr. Gaurang Kanth, SC for R-3/CAG
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 02.12.2021
1. This petition has been filed by the petitioner with the following prayers:-
"In the premises -----
(i) Call for the records of the case from the 1st Respondent including in particular the records referred to in paragraph numbers 13 (h), 13(n), 13(s), 13(x).
(ii) Hold and declare:
(a) That the Comptroller and Auditor General of lndia-
Respondent No.3 has no jurisdiction, power or authority under Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.12.2021 10:58:47 Arts. 149 and 151 of the Constitution of India, Secs. 14 and 15 of the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971 or Rules 42 (d) and 43 of the Rules of the Indian Council of Social Science Research, 1969 to invoke the General Financial Rules 2005 of the Government of India and raise audit objections to the decision of the Council of the ICSSR granting the benefits of an Assured Career Progression Scheme after the Annual Report including the audited accounts and budget estimates of the ICSSR - Respondent No.1 have been placed by the Govt. of India's Ministry of HRD -Respondent No.2, before Parliament and received its imprimatur;
(b) That the Union of India in the Ministry of HRD - Respondent No.2 has no jurisdiction, power or authority, by act or omission, under Arts. 149 and 151 of the Constitution of India, Sections 14 and 15 of the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971 or Rules 42(d) and 43 of the Rules of the Indian Council of Social Science Research, 1969 to invoke the General Financial Rules 2005 of the Government of lndia and raise audit objections to the decision of the Council of the ICSSR granting the benefits of an Assured Career Progression Scheme after the Annual Report including the audited accounts and budget estimates of the ICSSR - Respondent No.1 have been placed by the Govt. of India's Ministry of HRO - Respondent No.2, before Parliament and received its imprimatur;
(c) That the ICSSR- Respondent No. 1 has no jurisdiction, power or authority under its Rules or Regulations to nullify the Petitioner's entitlement to the benefits of the ACP and/or MACP Schemes qua condition of service which Respondent No. 1 itself had conferred upon the Petitioner and which thence became an accrued and vested right of the Petitioner;
(d) That the impugned order bearing f' No. A(47)/89-A, dated 18-03-2021(Office Order No. 7 of 2021) (Annexure PI 27 ) infringes the Petitioner's fundamental and constitutional right Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.12.2021 10:58:47 under Art 14, 16( 1) and 300A of the constitution and ultra vires Rules 23(b)(ii), 42(d) and 43 of the ICSSR Rules, 1969, both prior to and after their amendment;
(e) That the impugned order dated 18-03-2021 is vitiated by legal malafides (mala prohibita);
(f) That the impelling and issuance of the impugned order dated 18-03-2021 constitutes misfeasance in public office by the CAG, the UoI and the ICSSR Respondent Nos. 3,2 and 1 respectively in that order;
(g) issue an appropriate writ, order or direction in the nature of certiorari mandamus striking down the impugned order dated 18-03-2021 commanding each of Respondent Nos. 1,2 and 3 and their respective officers, servants and agents to restore and pay to the Petitioner her emoluments and other entitlements as accrued to her and of which she is sought to be deprived by the said impugned order dated 18-03-2021 and her service proper to be counted from 13.07.1989 as recommended by High Powered Committee.
(h) award compensatory and exemplary costs of this WP to the Petitioner and against the Respondents jointly and severally;
(i) and pass such further and other order as this Hon'ble Court may deem fit and appropriate."
2. The grievance of the petitioner is twofold; (i) the date of regularization must relate back to July 13, 1989 and; (ii) the recovery of the benefits granted to the petitioner under ACP / MACP.
3. Mr. Amitesh Kumar, learned counsel appearing for the respondent No.1, on instructions from the Administrative Officer, submits that, on a representation made by the petitioner, a Committee has been constituted and till such time the Committee take a final decision, no coercive action Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.12.2021 10:58:47 including recovery from the pay of the petitioner, in terms of order at page 169 of the writ petition, shall be effected. If that be so, taking the statement of Mr. Amitesh Kumar on record, this petition is disposed of, making it clear, if any final order is passed pursuant to the decision of the Committee, liberty shall be with the petitioner to seek such remedy as available in law.
4. All the objections of the respondents with regard to maintainability of the prayers made in the writ petition are left open.
V. KAMESWAR RAO, J DECEMBER 02, 2021/ak Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:04.12.2021 10:58:47