K. Z. Khan vs National Commission For Women And ...
2022 Latest Caselaw 684 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                             Date of decision: March 07, 2022
+    LPA 168/2022 & CM APPLN. 11462-63/2022
     K. Z. KHAN                                  ...... Appellant
                     Through: Mr. Rakesh Kumar, Advocate

                       Versus

     NATIONAL COMMISSION FOR WOMEN AND ORS.
                                                ..... Respondents
                  Through: Mr. Vivek Kumar Goyal &
                           Mr. Bibhash Kumar Sharma,
                           Advocates for respondents No.1 to 3
                           Mr. Sidharth Khatana, Senior Panel
                           Counsel & Mr. Sahaj Garg, Advocate
                           for respondents No. 4 to 6
     CORAM:
     HON'BLE MR. JUSTICE SURESH KUMAR KAIT
     HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

                        J U D G M E N T (oral)

1. The present appeal has been preferred by the appellant seeking the

setting aside of interim order dated 24.02.2022 passed in W.P.(C) No.

2622/2022 and a direction to the respondents to permit the appellant

to resume office as Private Secretary to the Chairperson, National

Commission for women, during pendency of the aforesaid writ

petition.

2. Issue notice.

3. Mr. Vivek Kumar Goyal, learned counsel appearing on behalf of

respondents Nos.1 to 3 and Mr. Sidharth Khatana, learned counsel

appearing on behalf of respondents Nos. 4 to 6 accept notice.

4. The case of the appellant is that impugned order dated 24.02.2022 has

not stayed the operation of Office Order No. 12/2021-

22/Establishment dated 02.02.2022, whereby the appellant has been

repatriated to his parent department from the National Commission

for Women. The appellant has filed the present appeal on the ground

that as per Para-9 of Office Memorandum bearing F.No. 2/6/2016-

Estt.(Pay-II)dated 17.02.2016 issued by the Government of India,

Ministry of Personnel, Public Grievances & Pensions, Department of

Personnel and Training, which says that in case of premature

reversion of a deputationist to their parent cadre, advance notice of at

least three months is to be given to the lending Ministry/Department

and to the employee concerned; whereas in the present case, such

notice has not been given to the appellant or to the department.

5. It is not in dispute that, all else apart, the remaining deputation period

for the appellant is only of about one month; and that the deputationist

also already stands relieved by Office Order dated 02.02.2022.

6. Learned counsel appearing on behalf of the respondents have also

urged that Office Order dated 02.02.2022 is a letter simpliciter

relieving the appellant from deputation as Private Secretary in the

National Commission for Women and no stigma would be caused to

the appellant by way of the said order.

7. In view of the above, especially since the appellant has already been

relieved from the said deputation and assigned to his parent

department; and also since writ petition bearing W.P.(C) No.

2622/2022 is still pending consideration before the learned single

Judge, we are not inclined to interfere with interim Order dated

24.02.2022 passed by the learned single Judge.

8. The appeal is accordingly dismissed.

9. Pending applications, if any, also stand disposed of.

(SURESH KUMAR KAIT) JUDGE

(ANUP JAIRAM BHAMBHANI) JUDGE

MARCH 07, 2022/r