Delhi High Court
Naresh Kumar & Ors. vs Union Of India on 18 August, 2022
$~38
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.08.2022
+ W.P.(C) 11962/2022 & CM APPL. 35724/2022
NARESH KUMAR & ORS. ..... Petitioner
versus
UNION OF INDIA ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. K.C. Mittal and Mr. Keshav Pratap
Singh, Advocates.
For the Respondent: Mr. Shoumendu Mukherji, Senior Panel
Counsel with Mr. Meghna Sharma and Mr.
Rahul Kumar Sharma, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners have filed the subject petition pursuant to order
dated 01.08.2022, passed by the Central Administrative Tribunal.
2. Learned counsel for petitioners submits that though the OA has
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:23.08.2022 15:11:39
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
been disposed of in favour of the petitioners by directing the
respondent to consider the claims of the petitioners for absorption,
however, no time has been granted to the petitioners in case the
representation is decided against the petitioners or their application for
absorption is rejected.
3. Learned counsel submits that that the original order for
repatriation had granted about 10 days' time for joining the parent
organization. He submits that in case application is disposed of
against the petitioners, there is likelihood that the order may be passed
to be implemented immediately without giving any reasonable time to
join the parent organization or to avail legal remedies.
4. Issue notice. Notice is accepted by learned counsel appearing
for respondent.
5. It is observed that in similar circumstances, a coordinate Bench
of this Court in Chattrashal Pathak & Anr. Vs. Intelligence Bureau,
W.P. (C) 11778/2021, by its order dated 16.02.2022, directed that in
case an adverse order was passed, the same would not be given effect
to for a period of one week from the date of receipt of the written
order passed by the respondents.
6. Keeping in view the facts and circumstances of the case, it is
directed that in case representation of the petitioners for absorption is
not accepted by the respondents, the order will not be given effect to
for a period of one week from the date of communication of the said
order.
7. The petition is disposed of in the above terms. It is clarified
that this is without prejudice to the rights and contentions of the
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:23.08.2022 15:11:39
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
parties.
SANJEEV SACHDEVA, J.
TUSHAR RAO GEDELA, J.
AUGUST 18, 2022
NA
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:23.08.2022 15:11:39
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
