Delhi High Court - Orders
Arun Kumar Singh vs Union Of India & Ors on 27 April, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Swarana Kanta Sharma
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4955/2018 & CM APPLs. 19134/2018, 19136/2018,
27863/2018
ARUN KUMAR SINGH ..... Petitioner
Through: Mr Joydeep Mazumdar, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms Madhumita Bhattacharjee,
Advocate for R-3 & 4.
Mr Naresh Kaushik and Mr Anand
Singh, Advocates for UPSC.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 27.04.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner has superannuated on 31.01.2022 after having served State of West Bengal for 37 years. He had applied for being considered to be promoted from the State Civil Services. Because of his seniority he was promoted from State of West Bengal Civil Services to the IAS. His name was included in the select list on 24.04.2014 at Serial No. 15. However, with an (*) against his name showing that his name in the select list was provisional, it was subject to grant of Integrity Certificate by the State Government. The learned counsel for the petitioner says that as on the cut off date for consideration for the said promotion exercise Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:04.05.2022 17:30:21 i.e. 31.03.2012, no show cause notice was issued to him and no disciplinary proceedings were pending against him therefore, his integrity was never in doubt. The withholding of the Integrity Certificate for the last 9 years by the State Government is, therefore, unjustified. He also submits that insofar as the issue of withholding his Integrity Certificate is concerned, it has caused him, his family, relatives and friends much embarrassment and is a cause of much concern. Furthermore, he has not been paid his pension pursuant to his superannuation.
2. The learned counsel for the petitioner further submits that the Integrity Certificate cannot be withheld beyond six months and in any case, it cannot be so withheld except in a case, where charges have been framed in proceedings under the Prevention of Corruption Act.
3. Prima facie, the court is of the view that withholding of Integrity Certificate to an officer by State Government for 9 years requires immediate attention.
4. The learned counsel for the State seeks time to obtain instructions.
5. List on 19.05.2022.
NAJMI WAZIRI, J SWARANA KANTA SHARMA, J APRIL 27, 2022/zp Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:04.05.2022 17:30:21