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Delhi High Court - Orders

Ajay Kumar Mishra vs Union Of India, Through Secretary ... on 25 September, 2023

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                           $~106
                           *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +         W.P.(C) 12594/2023
                                     AJAY KUMAR MISHRA                                                                      ..... Petitioner
                                                                           Through:                Mr.Salil Arora, Mrs. Reeva Chugh
                                                                                                   Arora, Mr.Chintu Kumar and
                                                                                                   Mr.Divya Ratan Singh, Advocates

                                                                           versus

                                     UNION OF INDIA, THROUGH SECRETARY MINISTRY OF
                                     CULTURE & ORS.                                                                        ..... Respondents
                                                                           Through:                Mr.Farman Ali Magrey, SPC with
                                                                                                   Ms.Avshreya Pratap Singh Rudy,
                                                                                                   G.P, Mr.Vibhor Dwivedi, Ms.Usha
                                                                                                   Jamnal and Mr.Krishan Kumar,
                                                                                                   Advocates for R-1/UOI
                                                                                                   Mr.Abinash K.Mishra and Mr.Gaurav
                                                                                                   K.Pandey, Advocates for R-2 to 4
                                     CORAM:
                                     HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                                                           ORDER

% 25.09.2023 CM APPL. 49626/2023 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

W.P.(C) 12594/2023

1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-

"(a) Issue writ of Quo Warranto to the Respondent Nos. 1, 2 and 3 for removal of Respondent No. 4 from the post of 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 26/09/2023 at 23:52:32 Professor, Kala Kosa Division, Indira Gandhi National Centre for the Arts (IGNCA);

and/or

(b) Pass an order for inquiry or independent investigation to be conducted in respect of any other appointments that have been made in violation of Advertisement F. No. 4/11/2019-SD/AM (Adv. No 47/2021 dated 01.11.2021) or IGNCA Recruitment Rules, 2019.

and/or

(c) Pass an order for inquiry to be conducted in respect any false undertaking given by Respondent No. 4 in his application form.

and/or

(d) Recover the amount unduly received by Respondent No. 4 on account of his appointment as Professor in violation of Advertisement F. No. 4/11/2019-SD/AM (Adv. No 47/2021 dated 01.11.2021) or IGNCA Recruitment Rules, 2019. and/or

(e)Award cost and legal expenses to the Petitioner. and/or

(f) Pass such further order or direction which this Hon'ble Court may deem fit, just and proper in the interest of justice ."

2. Heard.

3. Learned counsel for the respondent No.1 and respondents No.2 to 4 appeared on advance notice. Learned counsel for the respondents No.2 to 4 prays for and is granted four weeks' time to take instructions and to file an affidavit for the same.

4. List on 11th December, 2023.

CHANDRA DHARI SINGH, J SEPTEMBER 25, 2023 Dy/ds Click here to check corrigendum, if any 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 26/09/2023 at 23:52:32