Delhi High Court - Orders
Sumit Dagar vs Union Of India And Ors on 1 September, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12441/2022 & CM APPL. 37421/2022 -Stay.
SUMIT DAGAR
..... Petitioner
Through: Mr. Avinash Sharma and
Ms.Akanksha Kapoor, Advs.
versus
UNION OF INDIA AND ORS
..... Respondents
Through: Mr. K.D. Sharma, Adv. for R-1
Mr. Digvijay Rai, Mr. Aman Yadav
and Mr. Archit Mishra, Advs. for R-2
& 3.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 01.09.2022
1. The petitioner, who was working as an Assistant Manager with respondent no. 1 -Airport Authority of India and vide order dated 29.07.2022 upon being promoted as Manager, now posted at Mangalore station, has approached this Court seeking the following reliefs:
"(a) allow the present Civil Writ Petition in favour of the Petitioner and against the Respondents;
(b) Issue an appropriate writ of certiorari or directions qua the Respondents to quash the impugned arbitrary and illegal transfer & promotion order bearing no.
A.32013/135/2022-DPC (ANS), dated 29.07.2022 to the extent of setting aside the transfer of the petitioner from the Indira Gandhi International Airport, New Delhi to the Mangalore Station;
Signature Not Verified Digitally Signed By:KESHAV Signing Date:02.09.2022 15:10:02(c) Also allow Exemplary Costs in favour of the Petitioner and against the Respondents; and
(d) Finally issue such other Order or further Orders as may be deem fit & proper under the Circumstances of the present Case in favour of the Petitioner to secure the ends of Justice."
2. At the outset, learned counsel for respondent no. 2, who appears on advance notice, submits that in compliance of the impugned order, the petitioner has already joined the new place of posting and therefore, prays that the petition be dismissed on this ground itself.
3. In response, learned counsel for the petitioner submit that the petitioner had no other option but to join the new place of posting as the impugned order had clearly stated that in case an employee does not join the new place of posting within 7 days of the passing of order, he would be deemed to have refused promotion and would have been debarred from promotion for a period of two years. She, however, prays for and is granted two weeks' time to file additional documents alongwith a supporting affidavit.
4. At request, list on 10.10.2022.
REKHA PALLI, J SEPTEMBER 1, 2022 acm Signature Not Verified Digitally Signed By:KESHAV Signing Date:02.09.2022 15:10:02