Rakesh Malra v. Union Of India & ANR.

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5595/2023 RAKESH MALRA ..... Petitioner Through:

Mr.Janak Raj Rana & Mr.Vinod Patidar, Advs.

versus UNION OF INDIA & ANR.

..... Respondents Through:

Mr.Ripu Daman Bhardwaj, CGSC with Mr.Kushagra Kumar, Mr.Abhinav Bhardwaj & Ms.Angelin Tigga, Advs

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 08.05.2024

1. The present petition under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 19.12.2022 passed by the learned Central Administrative Tribunal (Tribunal) in OA No.2557/2021. Vide the impugned order, the learned Tribunal has rejected the petitioner's challenge to the order dated 12.10.2021; vide which the petitioner's prayer for deputation to the High Commission of India, London was rejected.

2. Learned counsel for the petitioner submits that on account of the petitioner approaching the learned Tribunal for redressal of his grievances, the respondents became vindictive against him and took wholly unwarranted disciplinary action against him.

3. After some arguments, he submits that taking into account that almost three years have passed since the passing of the order dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:49:02

12.10.2021 vide which the petitioner's candidature for deputation to the High Commission of India was rejected, the petitioner will, instead of pressing the present petition, file a fresh original application (OA) before the learned Tribunal assailing the disciplinary action taken by the respondent against him. He, therefore, seeks leave to withdraw the present petition with liberty to file a fresh OA to assail the disciplinary action taken against him by the respondents.

4. The petition is, accordingly, dismissed as withdrawn with liberty as prayed for. Taking into account that the present petition had remained pending before this Court for quite some time, we direct that in case, the petitioner files a fresh OA in respect of the disciplinary action taken against him by the respondent within four weeks from today, the learned Tribunal will consider the same on merits and not dismiss the OA on the ground of delay and laches.

REKHA PALLI, J SAURABH BANERJEE, J MAY 8, 2024 kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/05/2024 at 11:49:02