Delhi High Court
Abhishek Sinha vs Union Of India & Anr. on 9 November, 2022
Neutral Citation Number 2022/DHC/004882
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.11.2022
+ W.P.(C) 15053/2022 & CM APPL. 46496/2022
ABHISHEK SINHA ..... Petitioner
versus
UNION OF INDIA & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ajai Kumar Srivastava, Advocate along
with Petitioner-in-Person.
For the Respondents: Mr. Subhash Tanwar, CGSC for UOI with Mr.
Vinod Tiwari (G.P) and Mr. Sandeep Mishra,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 06.10.2022 whereby the Original
Application ('OA') filed by the petitioner, impugning the order of transfer
dated 09.06.2022; and rejection of his representation by order dated
03.08.2022 and the relieving order dated 12.08.2022, was dismissed.
2. Learned counsel for the petitioner submits that the son of the
petitioner is studying in Pune in ICSE Board and it is not possible for him
to secure an admission in the said Board in Delhi in mid-session. He
submits that the session is likely to end on 31.03.2023 and he prays that
the Department may sympathetically consider his case and consider
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:16.11.2022 W.P.(C) 15053/2022 1
16:25:44
Neutral Citation Number 2022/DHC/004882
permitting him to retain the official accommodation in Pune till the end of
the session of the child, so that the education of the child is not disturbed
and may also consider granting him some accommodation in Delhi, where
he is posted.
3. Learned counsel for the respondents under instructions submits that
as an exceptional case respondents have agreed to permit the petitioner to
retain the accommodation in Pune for a period of six months on normal
rent and shall also permit the petitioner to stay in the Guest House of the
Department of Water Resources at Ber Sarai, Delhi, for the said period as
well, without charging any damage rent from the petitioner.
4. Learned counsel for the petitioner submits that petitioner has been
issued a communication that the period w.e.f. 18.08.2022 till the date of
his joining in Delhi shall be treated as a period of unauthorized absence.
5. Keeping in view the peculiar facts and circumstances of this case
and without treating the same as a precedent, the offer of the respondents
is accepted. Respondents shall permit the petitioner to continue to occupy
the accommodation at Pune for a period six months from today and also
permit him to stay in the Guest House of the Department of Water
Resources at Ber Sarai, Delhi on normal rent.
6. The period between 18.08.2022 till the date of joining shall not be
treated as period of unauthorized absence, however, the same shall be
adjusted towards the admissible leave of the petitioner in accordance with
the rules. Petitioner shall join the place of posting at Delhi within one
week from today.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:16.11.2022 W.P.(C) 15053/2022 2
16:25:44
Neutral Citation Number 2022/DHC/004882
7. It is clarified that this order has been passed in the peculiar facts and
circumstances of the case and without treating the same as a precedent. All
rights and contentions of the parties are reserved.
8. The petition is disposed of in the above terms.
9. Order Dasti under the signature of the Court Master.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
NOVEMBER 9, 2022/nd
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:16.11.2022 W.P.(C) 15053/2022 3
16:25:44
