Ms. Charanjit Kaur vs Govt. Of Nct Of Delhi & Ors.
2025 Latest Caselaw 2080 Del

Delhi High Court

Ms. Charanjit Kaur vs Govt. Of Nct Of Delhi & Ors. on 7 February, 2025

Author: C.Hari Shankar

Bench: C. Hari Shankar

                  $~23
                  *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +        W.P.(C) 5608/2022
                           MS. CHARANJIT KAUR                            .....Petitioner
                                         Through: Mr.          Raj    Kumar      Mittal,
                                         Mr. Yogesh Kumar and Ms. Uma, Advs.
                                         with the petitioner in person.

                                             versus

                           GOVT. OF NCT OF DELHI & ORS.                   .....Respondents
                                             Through: Ms. Avnish Ahlawat, Standing
                                             Counsel, GNCTD with Mr. Nitesh Kumar
                                             Singh, Ms. Laavanya Kaushik, Ms. Aliza
                                             Alam and Mr. Mohnish Sehrawat, Advs.

                           CORAM:
                           HON'BLE MR. JUSTICE C. HARI SHANKAR
                           HON'BLE MR. JUSTICE AJAY DIGPAUL
                                             ORDER (ORAL)

                  %                           07.02.2025

                  C.HARI SHANKAR, J.

1. At the very outset, Ms. Avnish Ahlawat, learned Standing Counsel for the GNCTD submits with commendable fairness, that the disciplinary proceedings instituted against the petitioner in the present case were ab initio not sustainable, as they were instituted by the Secretary, Commissioner of Industries, whereas, prior to the institution of the proceedings, the post of Grade-II (DASS) which was being occupied by the petitioner had already become a Group B Post by order dated 9 April 2009 issued by the Department of Personnel &

Training1, following which the DOPT, vide order dated 9 November 2017, designated the Chief Secretary as the competent authority to institute disciplinary proceedings.

2. As, for the aforesaid reasons, the disciplinary proceedings instituted against the petitioner were ab initio null and void, the impugned judgment of the Central Administrative Tribunal, which dismissed the petitioner's challenge to the disciplinary proceedings instituted against her, stands set aside.

3. As the petitioner has superannuated on 30 November 2021, we are not remanding the matter for any de novo exercise.

4. Consequential benefits be disbursed to the petitioner within eight weeks from today.

C.HARI SHANKAR, J.

AJAY DIGPAUL, J.

FEBRUARY 7, 2025/sk Click here to check corrigendum, if any

DOPT

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