Delhi High Court - Orders
Mukul Shyam vs The Institute Of Chartered Accountants ... on 7 February, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 729/2023 & CM APPL. 2796/2023 (Stay)
MUKUL SHYAM ..... Petitioner
Through: Mr. Bhuwan Raj and
Mr. Raghunath Pathak, Advocates.
versus
THE INSTITUTE OF CHARTERED
ACCOUNTANTS OF INDIA ..... Respondent
Through: Ms. Pooja M. Saigal and
Mr. Simrat Singh Pasay, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 07.02.2023
1. Present writ petition has been filed by the Petitioner assailing the impugned order dated 04.01.2023, by which the services of the Petitioner have been terminated.
2. Simply put the case of the Petitioner, as evident from the writ petition is that Petitioner joined the Respondent Institute on 22.05.2007 on the post of Lower Division Clerk in the pay scale of Rs. 3050-75-3950-80-4590 at the Delhi Office of Respondent Institute and since then the Petitioner has been working without any complaint, till the order of termination.
3. As per the list of dates in the writ petition, a Show Cause Notice was issued to the Petitioner on 26.10.2022 on the ground that he has not qualified the typing test with speed of 60 words per minute and thereafter reference is made to the impugned termination order.
4. Learned counsel appearing on behalf of the Respondent raises an objection to the maintainability of the writ petition on the ground W.P.(C) 729/2023 Page 1 of 2 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:08.02.2023 10:51:26 that there is concealment of material facts and the Petitioner has not come to this Court with clean hands. In support of this stand, learned counsel for the Respondent has handed over a compilation of documents with copy to learned counsel for the Petitioner, which reflects that right from 2007 till 2015 Petitioner has been asked to undergo the typing test. It is also pointed out that Petitioner has appeared in 12 tests out of 15, which he had failed to qualify and none of these facts have been averred in the writ petition.
5. Confronted with this, learned counsel for the Petitioner seeks a short adjournment to come back with instructions from Petitioner.
6. At request, list on 08.02.2023.
JYOTI SINGH, J FEBRUARY 07, 2023/rk W.P.(C) 729/2023 Page 2 of 2 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:08.02.2023 10:51:26