← Library
High Court of DelhiW.P.(C)/5232/2019

Sh. P R Charan Babu v. Union Of India And ORS.

2025-07-30Hon'Ble Mr. Justice Prateek Jalan3 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5232/2019 and CM APPL. 23132/2019 SH. P R CHARAN BABU .....Petitioner Through:

Mr.

C.

Mohan Rao, Senior Advocate, with Mr. Lokesh Kumar Sharma, Advocate.

versus UNION OF INDIA AND ORS.

.....Respondents Through:

Mr. T.P. Singh, Senior Central Government Counsel for R1 and R2.

Ms. Geetanjali Setia, Advocate for R3.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 30.07.2025 1.

The petitioner, who has been an employee of the Central Public Works Department ["CPWD"] since 1984, assails several orders by way of this petition under Article 226 of the Constitution. The last of these is the order dated 07.03.2019, by which he was suspended from service. 2.

Mr. C. Mohan Rao, learned Senior Counsel for the petitioner, states that the petitioner has since retired from service. He further states that the suspension order has also been revoked by the Ministry of Housing and Urban Affairs, Government of India, vide order dated 08.07.2019, and the entire period of suspension has been regularised by a further order dated 18.01.2021. Copies of the aforesaid orders have been handed up in Court and are taken on record.

3.

The orders dated 08.07.2019 and 18.01.2021 read as follows: W.P.(C) 5232/2019 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ORDER DATED - 08.07.2019 "Whereas an order placing Shri P.R. Charan Babu, Executive Engineer (Civil), Central Public Works Department under suspension was made by the President on 7.3.2019.

Now, therefore, the President in exercise of the powers conferred by Clause (c) of sub-rule (5) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, revokes the said order of suspension with immediate effect.

xxxx xxxx xxxx"1 ORDER DATED - 18.01.2021 "WHEREAS Shri P.R. Charan Babu Executive Engineer (Civil), CPWD was placed under suspension, vide Ministry's order dated 07.03.2019 in connection with convening a meeting and holding a mass rally and march towards Parliament House on 12.2.2019, against the directions of CPWD vide their O.M. dated 11.2.2019. WHEREAS the matter was got investigated and the interim investigation report was submitted on 22.6.2019, later on confirmed as final report on 09.03.2020.

WHEREAS the suspension order of Shri P.R. Charan Babu was revoked with the approval of competent authority, vide Ministry's order dated 8.7.2019.

WHEREAS keeping in view the findings of the said investigation report and the facts and circumstances of the case, a warning has been issued to Shri P.R. Charan Babu, vide CPWD's Memorandum dated 11.12.2020.

Now, therefore, after considering the matter in its entirety, the competent authority has decided to regularise the period of suspension from 07.03.2019 to 08.07.2019 in respect of Shri P.R. Charan Babu, Executive Engineer (Civil), CPWD and it is hereby ordered accordingly."2 4.

In view of the aforesaid two orders, Mr. Rao submits that the only relief sought in this writ petition is confined to the payment of the petitioner's salary for the period of suspension from 07.03.2019 to 08.07.2019, which remains unpaid. He states that certain other claims of 1 Emphasis supplied.

W.P.(C) 5232/2019 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner were agitated separately, and do not form part of the present proceedings.

5.

Having regard to the fact that the suspension order dated 07.03.2019 was revoked and the period of suspension has been regularised, the respondents are directed to reconcile the accounts and release the amount due to the petitioner for the said suspension period, alongwith a computation thereof, within a period of eight weeks from today.

6.

In the event the respondents contend that the petitioner is not entitled to any amount, they will communicate a speaking order to the petitioner and to learned counsel on record for the petitioner within the same period. In such an eventuality, the petitioner will be entitled to assail the same, in accordance with law, before the Central Administrative Tribunal, as CPWD is admittedly a notified entity under the Administrative Tribunals Act, 1985.

7.

The writ petition, alongwith the pending application, is disposed of with these directions.

PRATEEK JALAN, J JULY 30, 2025 UK/JM/ 2 Emphasis supplied.

W.P.(C) 5232/2019 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.