Delhi High Court
Udai Shankar Srivastava vs Union Of India & Ors. on 17 July, 2020
$~VC-J-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17th July, 2020
+ W.P. (C) 3792/2020
UDAI SHANKAR SRIVASTAVA ..... Petitioner
Through: Mr. Ankur Chhibber & Anshuman
Mehrotra, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Arun Bhardwaj, CGSC for
R/UOI with Mr. Abhishek Sharma,
Mr. Nikhil Bhardwaj & Mr. Piyush
Gaur, Advocates.
Mr. Naresh Kaushik with Mr.
Vardhman Kaushik, Advocates for
R/UPSC.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 17.07.2020
[VIA VIDEO CONFERENCING]
RAJIV SAHAI ENDLAW, J
W.P. (C) 3792/2020
1. Vide order dated 13th July, 2020, after hearing the counsels,
we reserved judgment in this petition but granted time to Mr. Arun
Bhardwaj, standing counsel for the respondents 1 & 2 Border
Roads Organisation (BRO), to file some documents by 1700 hours
on 15th July, 2020.
2. No documents were received from Mr. Arun Bhardwaj
Advocate till 1700 hours on 15th July, 2020 and the Court Master,
on telephonically contacting Mr. Bhardwaj was informed, that time
for filing the documents be extended till 16th July 2020 at 1700
hours. Time was so verbally extended.
3. On 16th July 2020, Mr. Arun Bhardwaj Advocate sent an
email to the Court, enclosing therewith,
(i) letter dated 15th July, 2020 of the petitioner to the
respondents No. 1 & 2 BRO, stating inter alia:-
"1. I have got firm information that correct
stand has been taken by MoD (BR) and file for
DPC proposal for promotion from Jt Dir
(Admn) to Dir (Admn) has been processed
further and DPC will be held at the earliest
possible time in view of my retirement on 31
Aug 2020.
2. In view of above I certify that I withdraw
the above writ petition.
3. I have given instructions in this regard to
my Advocate vide email No.2511H/818/Pers
dated 15 Jul 2020 (photocopy enclosed) to
withdraw the above writ petition from Hon'ble
Court.
4. It is very humble requested that the DPC
proposal may please be processed on priority
day to day monitoring bases and DPC be
convened at the earliest keeping in view my
retirement on 31 Aug 2020."
(ii) Letter dated 15th July, 2020 of the petitioner to his
Advocate Mr. Ankur Chhibber as under:-
"1. I have got firm information that correct
stand has been taken by MoD (BR) and file for
DPC proposal for promotion from Jt Dir
(Admn) to Dir (Admn) has been processed
further and DPC will be held at the earliest
possible time in view of my retirement on 31
Aug 2020.
2. In view of above it is requested to take
immediate necessary action to withdraw the
above writ petition from Hon'ble Court."
(iii) Communication dated 15th July, 2020 of the Deputy
Secretary to the Government of India, forwarded under cover
of letter dated 15th July, 2020 to Mr. Arun Bhardwaj
Advocate, as under:
"Sub: COURT CASE WP(C) 3792/2020
FILED BY SHRI US SRIVASTAVA VS UOI
& ORS FOR PROMOTION TO DIR (ADMN)
BEFORE HON'BLE DELHI HIGH COURT
Reference your ID note No
July, 2020.
2. In this connection it is submitted that
Cadre Review of Administrative Officer Cadre
of GREF of BRO was undertaken recently
wherein the number of posts of Dir (Admn) in
the cadre was increased from 2 to 4 vide MoD
BR letter No BRDB/02/04/2017/GE.1 dated
26.05.2020. Dte.Gen.BR was also directed to
process the necessary amendments in RRs as
DPC of any post has to be in terms of RRs
which also indicate the total allocation of
manpower against a given post which forms the
basis of promotion. Simultaneously the advice
of concerned wing was also sought as to
whether DPC can be processed without
amending the Recruitment Rules.
3. Notwithstanding the exercise of amended
inclusion of increased number of posts as an
outcome of Cadre Review, in the RRs, the
instant proposal for promotion from Jt Dir
(Admn) to Director (Admn) has already been
forwarded to the concerned section D (Apptts.),
MoD, on 13/07/2020 for processing the case
based on existing RRs and MoD letter No
BRDB/02/04/2017/GE.1 dated 26th May, 2020
as regards vacancy position.
4. This has the approval of JS (BR/Trg./
Cer.)."
4. We accordingly directed the matter to be listed today, for
pronouncement of judgment, hoping that the petition, in terms of
the aforesaid letters, would be withdrawn.
5. Mr. Ankur Chhibber Advocate for the petitioner states that
he was not aware of the aforesaid letters written by his client and
has after being informed of the same, has telephonically contacted
his client, who has stated that, 'as advised by his superiors, he had
issued the two letters and handed over to the respondents'. Mr.
Ankur Chhibber Advocate however expresses his anxiety with
respect to his client being considered for promotion and if found
fit, being promoted before the date of the petitioner's
superannuation on 31st August 2020.
6. We have enquired from Mr. Arun Bhardwaj standing
counsel for the respondents no. 1 &2 BRO, whether the aforesaid
communication dated 15th July, 2020 of the Deputy Secretary to the
Government of India has to be further acted upon by the
respondents no. 1 & 2 BRO.
7. Mr. Arun Bhardwaj informs that some work for holding of
the DPC has already been done, but now after receipt of this
communication, a proposal has to be prepared, to be submitted to
the respondent no. 3 UPSC, for holding of the DPC.
8. Mr. Naresh Kaushik counsel for the respondent no. 3 UPSC
states that the respondent no. 3 UPSC would also require at least
four weeks' time with effect from the date of receipt of the
proposal, for holding of DPC.
9. We take the communication dated 15th July, 2020 of the
Deputy Secretary to the Government of India to be amounting to
conceding to the relief sought by the petitioner in this petition. The
very fact that the respondents no. 1 &2 BRO obtained the two
letters aforesaid from the petitioner, also confirms the same. Once
it is so, we are not required to give a detailed judgment. However,
to ensure that the relief so conceded does not get embroiled in
bureaucratic delays and the process required to be completed is
completed within the available time, we deem it appropriate to,
A. direct the respondents no. 1 & 2 BRO, to submit a proposal
for holding of the DPC, to the respondent no. 3 UPSC, on or
before 24th July, 2020;
B. direct the respondent no. 3 UPSC to, immediately on receipt
of the said proposal, hold the DPC, on or before 14th August,
2020; and,
C. direct the respondents to, if the petitioner, in the DPC is
found fit and is recommended by the DPC for promotion, to
promote the petitioner, on or before 24th August, 2020.
10. We also grant liberty to the parties to apply, if the need
arises.
11. The petition is disposed of.
RAJIV SAHAI ENDLAW
(JUDGE)
ASHA MENON
(JUDGE)
JULY 17, 2020
ck/pkb
