Deepti Bhardwaj v. Shri Samir V Kamat & ORS.

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 445/2024 & CM APPL. 32536/2024 DEEPTI BHARDWAJ ..... Petitioner Through:

Ms. Sunieta Ojha, Ms. Vasudha Priyansha, Advocates versus SHRI SAMIR V KAMAT & ORS.

..... Respondents Through:

Mr.

Apoorv Kurup, Ms.

Gauri Gobardhan, Advocates Mr. Ravinder Agarwal, Mr. Lekh Raj Singh, Advocates for R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 28.05.2024

O R D E R

CM APPL. 32536/2024 (For Early Hearing) 1.

The present is an application for early hearing filed on behalf of the petitioner.

2.

Considering the submissions made before this Court, the present application is allowed and the matter is taken up for hearing today. 3.

With the aforesaid directions, the present application is disposed of. CONT.CAS(C) 445/2024 4.

The present petition has been filed alleging non-compliance of the th November, 2023 and order dated 12th judgment dated 07 December, 2023 passed in W.P.(C) 14269/2023.

th November, 2023, the Division Bench of this Court 5.

By order dated 07 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

had passed the following directions:

"xxx xxx xxx

15. We are also not impressed by this submission made by Mr. Apoorv Kurup for the simple reason that the Tribunal has only directed the consideration of the case of the respondent No.1 to the post of CAO from the date of her immediate junior Arun Kumar Yadav has been considered for promotion for the panel year 2021 by convening a review DPC as the case of the respondent No.1, for consideration is primarily because Arun Kumar Yadav who is junior is being considered. It is a fact that Arun Kumar Yadav was / is a party in the proceedings before the Tribunal and also before this Court and in that sense, the person, whose rights if any effected is already a party to these proceedings.

16. We are of the view that no fault can be found with the order of the Tribunal. The writ petition is without merit. The same is dismissed. xxx xxx xxx"

6.

Further, by order dated 12th December, 2023, the Division Bench had extended the period for compliance by the respondents, and had directed that the order shall be complied by the respondents, within a period of six months, from the passing of the said order.

7.

Since the requisite compliances were not made by the respondents, the present petition came to be filed.

8.

During the course of hearing, upon instructions, learned counsel for respondent no.1 submits that proposal for holding the Departmental Promotion Committee ("DPC") for considering the case of the petitioner shall be sent to the Union Public Service Commission ("UPSC"), within a period of two weeks from today.

9.

Learned counsel for respondent-UPSC, upon instructions, submits that UPSC shall hold the DPC within a period of six weeks, after receipt of proposal from respondent no.1.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The aforesaid statements made by learned counsels for the respondents, upon instructions, are taken on record. The respondents are held bound by the same.

11.

Accordingly, no further orders are required to be passed in the present matter. However, liberty is granted to the petitioner to revive the present petition, in case, the grievance of the petitioner still survives. 12.

With the aforesaid directions, the present petition is disposed of. 13.

Next date of 08th August, 2024, stands cancelled.

MINI PUSHKARNA, J MAY 28, 2024 au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.