Delhi High Court - Orders
Birander Singh Ex Dc vs Union Of India & Ors on 10 October, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13289/2023
BIRANDER SINGH EX DC ..... Petitioner
Through: Md. Naushad Alam, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Vijay Joshi and Mr. Gurjas Singh
Narula, Advocates for UOI with
Mr. Vivek Nagar, GP
Mr. Hemender Singh, DC Law.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 10.10.2023 CM APPL.52448/2023 (exemption) Exemption allowed subject to all just exceptions. W.P.(C) 13289/2023
1. Learned counsel for the petitioner submits that petitioner had submitted an application seeking voluntary retirement on 30.10.2022 to be effective with effect from 31.01.2023. He submits that the said application was accepted. However, on account of changed circumstances, he moved an application for withdrawal of his earlier request for voluntary retirement. He submits that the application for withdrawal was moved on 10.01.2023 more than 15 days prior to the effective date of retirement and same was forwarded to the competent authority on 10.01.2023 itself. He submits that there was no response received till 31.01.2023 and petitioner was compulsorily made to W.P.(C) 13289/2023 1 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 12/10/2023 at 14:05:52 retire. He submits that after 31.01.2023, the officer made an endorsement that the application was late and as such has been rejected. He submits that petitioner had earlier approached this Court in WP(C) 4365/2023, which was disposed of on 10.04.2023 directing respondents to treat the petition as a representation.
2. Learned counsel for the petitioner submits that the representation has been decided on 23.09.2023 merely stating that since he has already retired, no orders can be passed,
3. Issue notice. Notice is accepted by learned counsel appearing for respondents, who prays for time to file counter affidavit.
4. Let the same be filed within four weeks. Rejoinder, if any, be filed within two weeks thereafter.
5. List on 16th January, 2024.
CM APPL.52447/2023 (for interim relief)
1. At this stage, learned counsel for the petitioner seeks leave to withdraw the application.
2. Application is dismissed as withdrawn.
SANJEEV SACHDEVA, J MANOJ JAIN, J OCTOBER 10, 2023/st W.P.(C) 13289/2023 2 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 12/10/2023 at 14:05:52