Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Dr Ajay Kumar Mishra vs Union Of India And Others on 20 April, 2023

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~2
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 4546/2023
                                DR AJAY KUMAR MISHRA                  ..... Petitioner
                                            Through: Mr. Lallan Ojha, Advocate
                                            along with Petitioner-in-person.

                                                     versus

                                UNION OF INDIA AND OTHERS            ..... Respondents
                                              Through: Mr. Farman Ali, Senior Panel
                                              Counsel with Ms. Avshreya Rudy,
                                              Government Pleader, Mr. Krishan Kumar
                                              and Ms. Usha Jamnal, Advocates for R-1.
                                              Mr. Abinash Kumar Mishra, Advocates for
                                              R-2 to 4.

                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                     ORDER

% 20.04.2023 C.M. APPL. 17353/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 4546/2023

3. Present writ petition has been filed by the Petitioner seeking setting aside of the impugned order dated 28.12.2021 whereby the decision that has been taken is as under:-

"THEREFORE decided that a penalty under Rule 11 (ii) i.e. withholding or promotion for a period of 2 (two) years, under CCS (CC&A) Rules, 1965, may be imposed on Dr. Ajay Kumar Mishra, Assistant Professor (Grade-II) of IGNCA."

4. It is an admitted position that an appeal was preferred by the Petitioner to the President, IGNCA Trust on 29.12.2021 which is pending consideration.

5. Issue notice.

6. Mr. Farman Ali, learned Senior Panel Counsel accepts notice on behalf of Respondent No.1.

7. Mr. Abinash Kumar Mishra, learned counsel appearing on an advance copy of the writ petition accepts notice on behalf of Respondents No.2 to 4 and states that he has written instructions to apprise the Court that the appeal preferred by the Petitioner was referred to the Executive Committee of IGNCA which considered the appeal in its meeting held on 17.03.2023 and decided to seek a legal opinion on the matter before taking any final decision since the impugned order is only in the nature of a proposal.

8. It is further submitted by Mr. Mishra that since IGNCA is an autonomous body, it cannot take the legal opinion directly from the Department of Legal Affairs, Ministry of Law and Justice and has requested its nodal and administrative Ministry i.e. the Ministry of Culture to forward the case for opinion. He, however, assures the Court that the appeal will be disposed of as expeditiously as possible once the legal opinion is obtained.

9. Mr. Mishra further states that in the meantime the order impugned in this writ petition will be treated only as a proposal and kept in abeyance till a final decision is taken in the appeal and after the appeal is decided, depending upon the decision, a final order shall be passed and communicated to the Petitioner.

10. Mr. Mishra also fairly submits that if in the meantime the case of the Petitioner comes up for promotion or any other benefit on which the impugned order has an impact, the impugned order will not be given effect to and the case of the Petitioner will be considered without referring to the impugned order and the result will be placed in a sealed cover.

11. Writ petition is accordingly disposed of, taking the assurance Signature Not Verifiedand undertaking of Respondents No.2 to 4 on record. It is directed that Signed By:KAMAL KUMARW.P.(C) 4546/2023 Page 2 of 3 Signing Date:22.04.2023 16:41:43 the appeal will be disposed of as expeditiously as possible and not later than two weeks from the date the legal opinion is received by Respondents No.2 to 4, since the Petitioner states that he was already considered for promotion in the interregnum and the result has been placed in a sealed cover and he is suffering on account of the delay in disposal of the appeal.

12. Needless to state that the order passed on the appeal will be a reasoned and speaking order and will be communicated to the Petitioner. Respondents No.2 to 4 will not give effect to the order for a period of two weeks from the date it is received by the Petitioner to enable the Petitioner to take recourse to legal remedies in the said period.

JYOTI SINGH, J APRIL 20, 2023/kks Signature Not Verified Signed By:KAMAL KUMARW.P.(C) 4546/2023 Page 3 of 3 Signing Date:22.04.2023 16:41:43