Delhi High Court
Manish Pushkale And Ors vs Dr Sudhakar Sharma And Ors on 7 November, 2017
$~18 &19
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 7th November, 2017
+ W.P.(C) 11681/2015 & CM No. 31050/2015
AKHILESH VERMA & ANR ..... Petitioners
Through : Mr. Abhishek Singh for
Mr. Sujeet Kr. Mishra, Adv.
versus
UNION OF INDIA & ORS ..... Respondents
Through : Mr. Umesh Sharma, CGSC for
R-1
Mr. Vikram Jetly, CGSC for R-
1/UOI
+ W.P.(C) 3106/2016 & CM Nos. 28701/2016, 15475, 30412/2017
MANISH PUSHKALE AND ORS ..... Petitioners
Through : Mr. Samrendra Kumar,
Mr. Vivek Kumar Srivastava,
Mr. Rahul Jaiswal and Mr.
Chandan Kumar, Advs.
versus
DR SUDHAKAR SHARMA AND ORS ..... Respondents
Through : Mr. Umesh Sharma, CGSC for
R-1
Mr. Rajesh Gogna, CGSC with
Ms. Vipra Bhardwaj, Mr.
W.P.(C) Nos.3106/2015 & 11681/2016 Page 1 of 5
Akhilesh Kumar and Ms. Liu
Gangmei, Advs. for R-3
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. By way of W.P.(C) 3106/2016, the petitioners have assailed the
appointment of respondent no.1-Dr. Sudhakar Sharma (impleaded as
respondent no.3 in W.P.(C) No. 11681/2015) as the Secretary of the
Lalit Kala Akademi.
2. In W.P.(C) 3106/2016, the petitioners have sought the following
prayers :
"(i) Issue a writ of Quo-warranto or any other writ or
order or direction against respondent No.1, (who have
usurped the Office of Secretary, Lalit Kala Akademi
illegally);
(ii) Issue a Certiorari or any other writ or order or
direction quashing/setting aside the impugned appointment
letter dated 17.03.2005, as the appointment being
arbitrary and illegal and has been done in flagrant
violation of mandatory recruitment rules for the post of
Secretary , Lalit Kala Akademi as such voi ab-initio;
(iii) Issue a writ, order or direction in the nature of
certiorari quashing/setting aside the impugned order dated
10.05.2015, passed on behalf of Respondent No.1 whereby
suspension of the respondent no.3 has been revoked
(iv) Issue a writ of mandamus or any other writ or
direction to the Respondents No.2 to pass necessary orders
of suspension against the Respondent No.3 till pending
conclusion of enquiry proceedings
(v) Issue a writ of mandamus or any other writ or
directions to the Responent No.3 to nto recommence day to
day work from the office of Secretary of Lalit Kala
Akademi and or visit the office premises situated a
Ravindra Bhavan, New Delhi, till the disposal of the
present petition
(vi) Issue a writ of Certiorari or any other writ or order
or directions upon the Respondent No.2 to produce the
entire records of administrative actions/office memo/
orders passed and or given effect to by the Respondent
No.2 since the revocation of suspension order of
Respondent No.3 i.e. dated 15.10.2015 and after going
through the same may quash/set aise all such office
memo/orders which may vitiate the inquiry proceedings
pending against the Respondent No.3 and or not done in
the interest of the Akademi;"
3. By way of W.P.(C) 11681/2015 which was filed on 10th
December, 2015, the petitioners have sought the following prayers :
"(i) issue a writ of Quo-warranto calling upon Dr.
Sudhakar Sharma to show cause as to under what
authority he is holding the post of Secretary in Lalit Kala
Akademi;
(ii) Issue a Writ or order or direction in the nature of
Certiorari Quashing/Setting Aside the appointment of the
Respondent No.3 (Dr. Sudhakar Sharma), made vide
impugned appointment letter dated 17.03.2005, as the
appointment is arbitrary and illegal and has been done in
flagrant violation of mandatory recruitment rules for the
post of Secretary Lalit Kala Akademi and as such is void
ab-initio;
(iii) Issue a Writ or order or direction in the nature of
Certiorari Quashing/Setting Aside the Impugned Order
dated 15.10.2015, passed on behalf of Respondent No.1
whereby suspension of the Respondent No.3 has been
revoked;
(iv) issue a writ of mandamus or any other writ or
directions to the Respondent No.2 to pass necessary orders
of suspension against the Respondent No.3 pending
conclusion of enquiry proceedings;
(v) issue a writ of mandamus or any other writ or
directions to the Respondent No.3 to not recommence day
to day work from the office of Secretary of Lalit Kala
Akademi and or visit the office premises situated at
Ravindra Bhawan, New Delhi, till the disposal of the
present Petition; and"
4. We are informed by Mr. Kirti Uppal, learned Senior Counsel
appearing for the Lalit Kala Akademi as well as by Mr. R.K. Saini,
learned counsel who appears for Dr. Sudhakar Sharma, both
respondents in these petitions, that on account of efflux of time, Dr.
Sudhakar Sharma has retired on 31st October, 2017 upon attaining
superannuation.
It would, therefore, appear that so far as the appointment of Dr.
Sudhakar Sharma is concerned, the challenge to his appointment is
rendered infructuous.
5. It is submitted by learned counsel for the petitioner that there
are grave allegations regarding withdrawal of an amount of Rs.60
lakhs against Dr. Sudhakar Sharma which matter has not been
examined.
6. In case, the petitioner has any such grievance, it is open to the
petitioner to make appropriate representations to the respondents who
shall proceed in the matter in accordance with law. In case the
petitioner is aggrieved by the action, or lack thereof, on the part of the
respondents, it shall be open for the petitioner to invoke an appropriate
remedy in accordance with law.
7. These writ petitions are rendered infructuous and are disposed
of as such.
CM No. 31050/2015 in W.P.(C) 11681/2015 and CM Nos.
28701/2016, 15475, 30412/2017 in W.P.(C) 3106/2016
8. In view of the disposal of the writ petitions, these applications
do not survive for adjudication and are disposed of as such.
Dasti to parties.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
NOVEMBER 07, 2017
kr
