Central Administrative Tribunal - Delhi
Satyajit Yadav vs Gnctd on 7 May, 2025
1
Item 75 C-4
OA No.
No.2334/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 2334/2023
This the 07th day of May, 2025
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Satyajit Yadav,
Aged 30 Years,
S/o Shri Chhaterpal Singh, Group 'B',
Sub-Inspector,
Inspector,
Department of Delhi Police,
Ministry of Home Affairs,
New Delhi
Delhi-110001
Mobile No : 8527367422, 9625759747
e-Mail:
Mail: [email protected]
Resident of:
FC-43
43 Teen Murti Police Compound,
New Delhi
Delhi-110011
...Applicant
(By Advocate: Mr. Tushar Ranjan Mohanty)
Mohanty
Versus
Government of NCT of Delhi,
Through the Chief Secretary,
Government of NCT of Delhi,
Delhi Secretariat, I P Estate,
New Delhi
Delhi-111 0002.
2. The Commissioner of Police, Delhi,
Police Headquarters, ITO,
Delhi-11
11 0002 .
...Respondents
(By Advocate : Mr. Manish Kumar with Ms. Priya Nigam)
Nigam
2
Item 75 C-4
OA No.
No.2334/2023
ORDER (ORAL)
Ms. Harvinder Kaur Oberoi, Member (J) The present Original Application has been filed by the applicant seeking the following reliefs:
iefs:-
"8.1. to allow the present Application;
8.2. to quash and set aside the impugned Office proceedings dated 03.11.2022 [Annexure: A A--1] as being non-est est and bad in law whereby the Appointment of the Applicant has been kept in abeyance citing pendency of a criminal cr case against the Applicant arising out of FIR Nos. 107/2022 [Annexure: A A-10] and 137/2022 [Annexure: A A-ll];
ll]; and 8.3. to direct the Respondent to issue Joining Letter to the applicant pplicant and appoint him into service as a Sub-Inspector Sub Inspector (Executive) with the Respondent from the date his junior in the Merit List has been appointed, with all consequential benefits, including full salary and allowances, and gratuity accruing there from.
8.4. to issue any such and further orders/directions this Hon'ble Tribun Tribunal al deems fit and proper in the circumstances of the case; and 8.5. to allow exemplary costs of the application to the Applicant Applicant."
2. Learned counsel for the applicant submits that during the pendency of the present case, the matter regarding the applicant's recruitment to the post of Sub Sub-
Inspector (Executive) (Male) in Delhi Police Examination, 2019 was considered by the competent authority. Ultimately, an offer of appointment was issued in November 2024, which the applicant accepted. The applicant applicant is presently working as a Sub-Inspector Inspector in Delhi Police.
3Item 75 C-4 OA No. No.2334/2023
3. Learned counsel for the applicant further submits that the only relief now surviving in this OA is with respect to consequential benefits. It is submitted that the applicant was not at fault for the delay in his appointment, and therefore, all consequential benefits ought to have been granted by the respondents themselves. However, no orders granting the same have been passed till date.
4. Learned counsel for the respondents submits that a counte counter affidavit has been filed in the OA. It is stated that the only objection to the applicant's appointment was with respect to a criminal case arising out of a domestic dispute with his sister--in-law.
law. FIR No. 107/2022 was registered under Sections 354, 354A 354A, 354B, 509, 35 of the Indian Penal Code, 1860.
5. It is submitted that upon the successful conclusion of the said criminal proceedings, the candidature of the applicant was reconsidered by the competent authority, which resulted in the issuance of the offer offer of appointment. Learned counsel seeks some more time to argue the matter.
6. However, in view of the fact that the applicant has already joined service, primary relief stands satisfied. The delay in issuance of the appointment letter was not attributable le to the applicant, and therefore, the applicant cannot be made to suffer for the same. Accordingly, the prayer for grant of consequential benefits is allowed.
7. Given the above, respondents are directed to grant the applicant consequential benefits for the purposes of notional seniority and pay fixation, except arrears of salary or back wages. The entire exercise shall be completed 4 Item 75 C-4 OA No. No.2334/2023 within a period of three months from the date of receipt of a certified copy of this order.
8. Present resent OA stands allowed in the above terms.
terms. There shall be no order as to costs.
(Dr.
Dr. Sumeet Jerath
Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/arti/