Delhi High Court
Dr. Dhananjay Keshavrao Sable vs Navneet Pratap Singh & Ors. on 7 July, 2022
$~15
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.07.2022
+ W.P(C) 10245/2022 & CM APPL. 29601/2022
DR. DHANJAY KESHAVRAO SABLE ..... Petitioner
versus
NAVNEET PRATAP SINGH & ORS. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Sanjoy Ghose, Senior Advocate with Mr. Mandeep
Baisala, Advocate.
For the Respondent: Mr. Harpreet Singh and Ms. Suhani Mathur, Advocates for
R-1 & 2.
Mr. Akshay Amritanshu, Senior Panel Counsel with Mr.
R.M.Tripathi, G.P, Mr. Ashutosh Jain, Advocates for R-3 to
5.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners impugn order dated 09.03.2022 passed by the
Tribunal whereby Tribunal has directed that no DPC for the post of
DDC (I) shall be held without the leave of the Tribunal.
2. Learned senior counsel appearing for the petitioners submits
that petitioners are Assistant Drug Controllers who had been
appointed by the process of direct recruitment. Subject OA was filed
by the respondent Nos.1 & 2 who are Assistant Drug Controllers
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.07.2022 09:35:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
appointed through the process of departmental promotion.
3. Learned senior counsel for the petitioners submits that
petitioners were not impleaded as parties to the subject O.A on the
ground that they are not affected. He submits that impugned order
records the objection of the department that the direct recruits are
likely to be affected and have not been impleaded. He submits that
despite the fact that petitioners are not parties to the proceedings, the
DPC for the post of DDC (I) to which direct recruits are also aspirants
have been stayed in toto without hearing them.
4. Learned senior counsel for the petitioners under instructions
submits that petitioners be permitted to intervene in the said O.A and
directions be issued to the Tribunal to expeditiously consider the O.A
for final disposal or if that be not possible some interim arrangement
be arrived at so that DPC could be held.
5. Issue notice. Notice is accepted by learned counsel appearing
for respondent Nos.1 & 2 as also by counsel appearing for respondent
Nos.3 to 5.
6. Learned counsel appearing for the respondents submits that they
have no objection to the request of the petitioner without prejudice to
their rights on the merits of the original application.
7. In view of the above, this petition is disposed of permitting the
intervention of the petitioners in the subject O.A 578/2022 (Delhi).
8. The petitioners as well as the direct recruits who are petitioners
in W.P(C) 970/2021 are impleaded as parties. Learned counsel
appearing for the petitioners submits that since he appears for all the
parties, he shall furnish copy of memo of parties of W.P(C) 970/2021
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.07.2022 09:35:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
to learned counsel appearing for respondent Nos.1 & 2 and also appear
for the said parties before the Tribunal.
9. The amended memo of parties of the O.A be filed by the
petitioners therein within a period of one week. Counter affidavit, if
any be filed by the petitioners within four weeks from today and
rejoinder, if any be filed within two weeks.
10. It is informed that the matter is listed before the Tribunal on
24.08.2022. The Tribunal shall consider taking up the O.A for final
disposal on the said date and in case the same is not possible for any
reason, consider the request of the parties for an expeditious
arrangement being arrived at so that the DPC can be held
expeditiously for the post of DDC (I).
11. It is clarified that this Court has neither considered nor
commented upon the merits of the contention of either parties and the
intervention would be without prejudice to the rights and contentions
of the parties and without conferring any special equities in favour of
the petitioners.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
JULY 7, 2022/rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.07.2022 09:35:28
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
