Rajesh Kumar Khare vs Union Of India And Ors on 31 August, 2022

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Delhi High Court - Orders

Rajesh Kumar Khare vs Union Of India And Ors on 31 August, 2022

Bench: Suresh Kumar Kait

                          $~27
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 12121/2022
                                 RAJESH KUMAR KHARE                                   ..... Petitioner
                                                    Through:     Mr. Ankur Chhibber, Mr. Nikunj
                                                                 Arora, Mr. H. S. Tiwari and Mr.
                                                                 Anshuman Mehrotra, Advocates
                                               Versus
                                 UNION OF INDIA AND ORS                               .... Respondents
                                                    Through:     Ms. Nidhi Raman, CGSC with Mr.
                                                                 Shubham Dwivedi, Mr. Zubin Singh,
                                                                 Mr.Anand Singh and Mr. Yogesh
                                                                 Yadav, Advocates with Mr. D.K. Rai
                                                                 and Mr. J. S. (Ministry Of Defence)
                                                                 & Lt. Col. Archana Sood, Joint
                                                                 Director   (Legal),    HQ   DGBR
                                                                 (Respondent No.2) in person
                                 CORAM:
                                 HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                 HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                    ORDER

% 31.08.2022 CM APPL. 37505/2022 (for directions)

1. By way of the present application, petitioner seeks to modify the order dated 22.08.2022 directing the respondent No.2 to declare the result of the DPC held on 10.08.2022 within three days and dismiss the present petition being devoid of any merit with costs.

2. On 22.08.2022, Mr. Naresh Kaushik, learned counsel appearing on behalf of the UPSC had informed this Court that the result of the DPC held on W.P.(C) 12121/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.09.2022 15:24:57 10.08.2022 had been communicated to the Director General, Border Road Organization. Accordingly, this Court directed the said respondent to declare the result of the DPC held on 10.08.2022 within three days from the receipt of the order.

3. It is not in dispute that on the date, we had passed the order in the present of Ms. Nidhi Raman, learned counsel on behalf of the respondents no. 1 and 2. Thus, this order was in the knowledge of both respondents no.1 and 2.

4. Learned counsel appearing on behalf of the respondents submits that the minutes of the DPC dated 10.08.2022 were received on 18.08.2022 by the Administrative Division of Ministry of Defence in a sealed cover. Thereafter, the same was sent to the Secretary of Defence for approval on 22.08.2022 and the said Secretary approved the same on 28.08.2022. On 30.08.2022, the approval was received by the Director General, Border Roads Organization at 05:30 pm.

5. Learned counsel has produced the order dated 30.08.2022 whereby three officers including the petitioner have been promoted from the grade of Joint Director (Administration) to the grade of Director (Administration) in Level-13 in the Pay Matrix of Rs. 1,23,100-2,15,900/- in the Border Roads Organization under the Ministry of Defence for the vacancy year 2022 with effect from the date they assume the charge of the post and until further orders.

6. In para 2 of the said order it is mentioned that it should be ensured that before promotion the above officers are clear from vigilance and disciplinary angle.

7. Learned counsel appearing on behalf of the respondents submits that she has no instructions as to whether any enquiry is pending against the petitioner.

W.P.(C) 12121/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.09.2022 15:24:57

8. Learned counsel for the petitioner has today produced his 'vigilance clearance' dated 01.04.2022 sent to him via covering letter dated 28.05.2022. Thus on the date of DPC held there was no enquiry against the petitioner and moreover vide order dated 30.08.2022, the Competent Authority has ordered for his promotion.

9. Since vide order dated 30.08.2022, the petitioner has been promoted after getting the vigilance clearance, there is no room left for the respondents to dig out something to frustrate the promotion order mentioned above.

10. Accordingly and further to our earlier order dated 22.08.2022, the respondents are directed to give effect to the order of promotion dated 30.08.2022 keeping in view the vigilance enquiry clearance as per communication No. 60003/VC/Vol-87/DGBR/42/Vig. dated 01.04.2022, before 04:30 pm today itself.

11. This order is passed in the presence of the Lieutenant Colonel, Ms. Archana Sood, JD (Legal), HQ, DGBC and the Central Government Standing Counsel, therefore, the Competent Authority shall issue the order accordingly without waiting for the order received from this Court on their instructions.

12. Application is accordingly disposed of.

13. Copy of this order be given dasti under signatures of the Court Master.

SURESH KUMAR KAIT, J SAURABH BANERJEE, J AUGUST 31, 2022/rr W.P.(C) 12121/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:01.09.2022 15:24:57

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Delhi High Court - Orders