Delhi High Court
Subhash Singh & Ors. vs Union Of India & Ors. on 28 July, 2022
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Judgment delivered on: 28th July, 2022
+ W.P.(C) 11264/2022 & CM APPL. 33111/2022 & CM APPL.
33112/2022
SUBHASH SINGH & ORS. ..... Petitioners
versus
UNION OF INDIA & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sachin Chauhan, Advocate.
For the Respondents : Mr. Kirtiman Singh, CGSC with Mr. Waize
Ali Noor, Ms. Kunjala Bhardwaj and Mr.
Madhav Bajaj, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J (ORAL)
1. Learned counsel for the petitioners submits that the impugned
order dated 22.07.2022 was not available even on the website of the
Tribunal and as such could not be placed on record. During the hearing,
he submits that the order has been just uploaded and copy of the order
has been produced. The same is taken on record.
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:30.07.2022 17:11:51
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Perusal of the order shows that the Tribunal has deferred the
consideration of the grant of interim relief to 08.08.2022.
3. Learned counsel for the petitioners submits that two of the
officers i.e. petitioner no. 2 and petitioner no. 4 are to be repatriated and
relieved from duties on 28.07.2022 and 02.08.2022, respectively and
deferring the consideration to 08.08.2022 is going to prejudice their
case. Learned counsel submits that as per his instructions, the
respondents have declined to consider the case of the petitioners solely
on the ground that they were posted in the Bureau of Immigration and
understanding of the respondents is that the policy of absorption is not
applicable to the officers who are posted in the Bureau of Immigration.
4. He relies on the judgment dated 18.11.2021 of a coordinate
bench of this Court in W.P. (C) No. 11791/2021, titled Manoj Kumar
Gope & Ors. Vs. Intelligence Bureau wherein a coordinate bench of
this Court directed that the cases of the petitioners therein would be
placed before the Screening Committee and not rejected solely on the
ground that they were working in the Bureau of Immigration only.
5. Issue notice. Notice is accepted by learned counsel appearing for
the respondents.
6. Learned counsel for the respondents under instructions submits
that the policy is not applicable to the petitioners and they have not been
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:30.07.2022 17:11:51
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
rejected solely on the ground that they were working in the Bureau of
Immigration. He, however, submits that he does not have the record
with regard to the reason of declining to accede to the request of each
of the petitioners and prays for time.
7. Keeping in view the fact that the matter is already listed before
the Tribunal on 08.08.2022 for the purposes of consideration of the
interim relief, we dispose of this petition requesting the Tribunal to
consider the application of the petitioners for grant of interim relief on
the said date.
8. Since two of the petitioners are liable to be relieved prior to
08.08.2022, we direct that till the next date of hearing before the
Tribunal i.e. 08.08.2022, the respondents shall maintain status quo with
regard to the petitioners and not relieve the petitioners.
9. The continuance of interim protection thereafter shall be subject
to the orders to be passed by the Tribunal, in any.
10. The petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
JULY 28, 2022
'rs'
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:30.07.2022 17:11:51
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
