Sanjay Yadav vs Union Of India & Anr on 12 April, 2021

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Delhi High Court - Orders

Sanjay Yadav vs Union Of India & Anr on 12 April, 2021

Bench: Manmohan, Asha Menon

$~Suppl.-34
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 4553/2021
      SANJAY YADAV                                        ..... Petitioner
                         Through         Mr.Surender Singh Hooda,
                                         Advocate.
                         versus
      UNION OF INDIA & ANR.                            ..... Respondents
                         Through         Mr. Raj Kumar Yadav, Advocate
                                         with Mr.Srivats Kaushal,
                                         Advocate.

      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN
      HON'BLE MS. JUSTICE ASHA MENON

                       ORDER

% 12.04.2021 The petition has been heard by way of video conferencing. Present writ petition has been filed challenging the order dated 01st November, 2019 passed by the Respondent No. 2 to the extent that the Petitioner was not granted Non-Functional Financial Upgradation („NFFU‟) and the order dated 19th February, 2021 passed by the Respondent No. 2 whereby the Petitioner‟s representation seeking grant of NFFU was rejected. Petitioner further seeks direction to the Respondents to grant NFFU benefits to the Petitioner w.e.f 01st January, 2019 in accordance with his seniority.

Learned Counsel for the Petitioner states that the case of the Petitioner for grant of NFFU has been placed under sealed cover by the Internal Screening Committee. However, he submits that none of the conditions prescribed in the OM dated 8th January, 2003 for adoption of the „sealed cover‟ procedure by the Internal Screening Committee while considering an officer for grant of NFSG are fulfilled in the Petitioner‟s case. The conditions are as follows:-

(a) Where the officer is under suspension;

(b) Where a charge sheet as been issued and the departmental proceedings for disciplinary action are pending; and

(c) Where prosecution for a criminal charge is pending in a court of law.

Learned Counsel for the Petitioner states that currently there are merely allegations against the Petitioner and the preliminary enquiry i.e. Staff Court of Inquiry (SCOI) is being conducted/ pending finalization. Therefore, the action of the Respondent No. 2 to place the recommendations for grant of NFFU to the Petitioner in a sealed cover is arbitrary. He further submits that the Charge-sheet for disciplinary action (i.e. General Security Force Court) has been served upon the Petitioner on 10th February, 2020 i.e. much after the cut-off date for consideration as prescribed in OM dated 08th January 2003.

Issue notice. Mr.Srivats Kaushal, Advocate accepts notice on behalf of the Respondents. He prays for and is permitted to file a counter-affidavit within four weeks. Rejoinder-affidavit, if any, be filed before the next date of hearing.

List on 18th August, 2021.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J ASHA MENON, J APRIL 12, 2021 KA

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Delhi High Court - Orders