Delhi High Court - Orders
Sanjay Verma And Anr vs Union Of India And Ors on 24 October, 2024
Author: Manmohan
Bench: Tushar Rao Gedela, Manmohan
$~200.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13646/2018, CM APPL. 53189/2018 & CM APPL.
19079/2024
SANJAY VERMA AND ANR. .....Petitioners
Through: Ms. Savya Garg, Adv.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Ms. Monika Arora, CGSC with Mr.
Subhrodeep Saha, Ms. Radhika
Kurdukar, Mr. Mridul Kashyap,
Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 24.10.2024
1. Ms. Monika Arora, learned Central Government Standing Counsel has handed over a photocopy of the letter dated 07th October, 2024 addressed to her by the Under Secretary to the Government of India, Ministry of Social Justice and Empowerment. The said letter reads as under:
" F. No. 30-1/2020-DD-III Government of India Ministry of Social Justice and Empowerment Department of Empowerment of Persons with Disabilities (Divyangjan) 5th Floor, Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi Dated: 07.10.2024 To Ms. Monika Arora Central Government Standing Counsel, Delhi High Court 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 09/11/2024 at 00:53:09 (Email: [email protected]) Subject: WP (C) 13646 of 2018 in the matter of Shri Sanjay Verma and Ors vs UOI pending in Delhi High Court.
Madam, This is in reference to the captioned court case regarding the appointment of Chief Commissioner for Persons with Disabilities (CCPD) and Chairperson of National Trust under the D/o Empowerment of Persons with Disabilities, M/o Social Justice & Empowerment.
2. With regard to the appointment of Chairperson of National Trust, it is submitted that the proposal for filling up the post of Chairperson of the National Trust was sent to ACC vide O.M. dated 13.05.2024. Now, DoPT vide its OM dated 02.09.2024 (Copy of DOPT OM is annexed as Annexure-1) has replied that the Competent Authority in the ACC has directed to return the proposal. However, clarification in this regard has been requested from DoP&T vide O.M. of this Department dated 23.09.2024 (Copy of DEPwD OM is annexed as Annexure-2) as to whether this Department is required to re-advertise the post of Chairperson, National Trust and initate a new recruitment process, unless there are specific issues within the current recruitment cycle that can be resolved through alternative means.
3. Further, with regard to the appointment of Chief Commissioner of Persons with Disabilities (CCPD), it is submitted that this Department had forwarded the proposal to DOPT to take up the matter with Appointments Committee of the Cabinet (ACC) for the final approval vide letter dated 29.07.2024. However, DOPT vide OM dated 24.09.2024 and 04.10.2024 has sought clarification regarding eligibility of two of the candidates declared eligible for appointment by the Screening Committee. This Department is in the process of providing the requisite information to the query raised by DoPT.
4. Hence, it may be anticipated that the appointment of both Chairperson of National Trust and CCPD may take some more time. Therefore, you are requested to seek another two months' time from the Hon'ble Court for compliance of the above said appointments, on the next date of hearing i.e. 23.10.2024.
Yours faithfully, Sd/-
(Debala Bhattacharjee) Under Secretary to the Government of India"
2. Keeping in view the contents of the said letter, the Secretary DoPT is impleaded as respondent No.5.
3. Issue notice. Ms. Monika Arora accepts notice on behalf of the newly impleaded respondent. She prays for some time to speak to the officials of DOPT.
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 09/11/2024 at 00:53:09
4. In the event, the Chairperson of the Board of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple disability as well as the Chief Commissioner of persons with disability are not appointed prior to the next date of hearing, the Secretary, DoPT shall attend the proceedings by way of an audio-video link on the next date of hearing.
5. List on 14th January, 2025.
MANMOHAN, CJ TUSHAR RAO GEDELA, J OCTOBER 24, 2024 N.Khanna 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 09/11/2024 at 00:53:10