Delhi High Court
Dr. Mohd. Ajazur Rahman vs Secretary Health, Department Of ... on 22 July, 2016
$~34.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6324/2016
% Judgment dated 22nd July, 2016
DR. MOHD. AJAZUR RAHMAN ..... Petitioner
Through : Mr.V.K. Garg, Sr. Adv. with Mr.Sagar
Saxena, Ms.Nooopur Dubey,
Ms.Himanshi Saini and
Mr.Mohd.Tabrez Mallik, Advs.
versus
SECRETARY HEALTH, DEPARTMENT OF
HEALTH & FAMILY WELFARE, GNCTD & ORS ..... Respondents
Through : Mr.Sanjoy Ghose, ASC, Mr.Dewan
and Ms.Pratishtha Vij, Advs. for the
respondents along with Mr.Kapil
Agnihotri, Legal Assistant, Health and
Welfare Department, and Dr.Bansal,
M.S. AAGH.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE I.S. MEHTA
G.S.SISTANI, J (ORAL)
CM APPL. 25941/2016.
1. Exemption allowed subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 25942/2016
3. This is an application filed by petitioner seeking permission of this
Court to place on record additional documents.
4. Heard and for the reasons stated in the present application, the same is
allowed. Let additional documents, sought to be relied upon by the
petitioner, be brought on record.
5. Application stands disposed of.
W.P.(C) 6324/2016
6. Challenge in this writ petition is to the order dated 16.7.2016 passed by
Central Administrative Tribunal by which the application for interim
relief filed by the petitioner along with the O.A. has been dismissed.
7. We may notice that initially when the matter came up for hearing
before the Tribunal on 1.7.2016 interim protection was granted to the
petitioner i.e. the order of transfer dated 30.5.2016 was stayed.
Subsequently, primarily for two reasons the order dated 1.7.2016 was
vacated by the Tribunal vide order dated 16.7.2016. The reasons, being
firstly, that the petitioner had approached Delhi High Court by filing a
writ petition, being W.P.(C)No.5707/2016 wherein the following
prayers were made:
"(i) Issue appropriate writ/order thereby directing the
respondents to refer the investigation of corruption and financial
irregularities prevailing in the respondent no.3 to an
independent agency like CBI or such agency as may be deemed
fit by this Hon'ble Court;
(ii) Issue appropriate writ/order thereby quashing the
impugned transfer order dated 30.05.2016 (Annexure P-19) and
direct the respondents to allow the petitioner to resume his duties
on the same post/position i.e. Chief Medical Officer (NFSG) in
the respondent no.3 hospital, as was held by him prior to
issuance of above impugned transfer order with all benefits;
(iii) Cost of the present proceeding be awarded in favour of the
petitioner and against the respondents; and
(iv) Such other order(s) as this Hon'ble Court may deem fit
and proper in public interest and in the interest of justice.
8. When the writ petition came up for hearing before the High Court, the
respondents produced in Court a Corrigendum, based on which Prayer
(ii) made in the writ petition was rendered infructuous as per the order.
Leave was however sought by the counsel appearing to institute
proceedings with regard to prayer (i). Order dated 22.6.2016 passed by
the Delhi High Court reads as under:
"W.P.(C) 5707/2016 and CM APPL. No. 23580/2016 (Stay)
The present is a petition under Article 226 of the
Constitution of India praying as follows:-
"(i) Issue appropriate writ/order thereby directing the
respondents to refer the investigation of corruption and
financial irregularities prevailing in the respondent no. 3
to an independent agency like CBI or such agency as may
be deemed fit by this Hon'ble Court;
(ii) Issue appropriate writ/order thereby quashing the
impugned transfer order dated 30.05.2016 (Annexure P-
19) and direct the respondents to allow the petitioner to
resume his duties on the same post/position i.e. Chief
Medical Officer (NFSG) in the respondent no. 3 hospital,
as was held by him prior to issuance of above impugned
transfer order with all benefits;
(iii) Cost of the present proceeding be awarded in favour
of the petitioner and against the respondents; and
(iv) Such other order(s) as this Hon'ble Court may deem
fit and proper in public interest and in the interest of
justice."
Insofar as prayer clause (ii) is concerned, the same has
been rendered infructuous in view of the corrigendum dated 21st
June, 2016 issued by the Government of NCT of Delhi, Health
and Family Welfare Department stating that the petitioner herein
has been posted as the CMO (NFSG).
Insofar as prayer clause (i) is concerned, learned counsel
appearing on behalf of the petitioner seeks leave to withdraw the
present writ petition with liberty to institute appropriate
proceedings in accordance with law before the court of
competent jurisdiction.
The writ petition is disposed of accordingly. Pending
application also stands disposed of."
9. In the order dated 22.6.2016, the Tribunal was of the view that the
question relating to transfer had already been decided by the High
Court. The Tribunal also rejected the prayer for interim relief based on
an earlier decision rendered by the Tribunal in OA No.1064/2016.
10. Learned senior counsel for the petitioner submits that the Tribunal has
failed to take into account that the prayer for transfer had not been
decided by the High Court but only the prayer with regard to the post
had become infructuous on account of Corrigendum dated 21.6.2016.
11. Learned counsel for the respondents has opposed this petition on the
ground that there is no infirmity in the impugned order passed by the
Tribunal. It is further submitted that the prayer for transfer already
stands rejected by the High Court.
12. Learned senior counsel for the petitioner submits that the petitioner has
filed additional documents in this Court which were not before the
Tribunal when the impugned order was passed. Learned senior counsel
on instructions from the petitioner seeks to withdraw the present
petition and submits that he would like to file a fresh application before
the Tribunal after placing additional documents on record to which the
respondents have no objection.
13. Mr.Ghosh, learned counsel for the respondents, at this stage, points out
that all the keys to the room and almirahs are in the possession of the
petitioner as the same have not been handed over by the petitioner.
14. Mr.Garg, on instructions, from the petitioner submits that all the keys
of the room and almirahs, which are in the possession of the petitioner,
would be handed over during the course of the day. Petitioner shall be
bound by the statement made by learned senior counsel in Court today.
15. Accordingly, writ petition stands dismissed as withdrawn. Leave, as
prayed for, is granted. The Tribunal is requested to consider the
application of the petitioner, if filed, in accordance with law and
expeditiously. It is made clear that this Court has not expressed any
opinion on the merits of the matter. Rights of both the parties are kept
open.
16. DASTI.
G.S.SISTANI, J
I.S. MEHTA, J
JULY 22, 2016
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