Sonika Kumari v. Bp Gopalika

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 746/2024, CM APPL. 40847/2024, CM APPL. 43215/2024 SONIKA KUMARI .....Petitioner Through:

Mr.Ajay Vikram Singh, Advocate.

versus BP GOPALIKA .....Respondent Through:

Ms.Madumita Bhattachargee, Advocate for the State of West Bengal.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 23.08.2024 1.

The petitioner is seeking initiation of contempt proceedings against the respondent for the alleged wilful disobedience of the directions of this Court contained in order dated 23.02.2024 passed in WP(C) No.2715/2024.

2.

Learned counsel for respondent is present on advance notice. 3.

The Division Bench of this Court vide order dated 06.08.2024 in WP(C) No.10856/2024, directed the State of West Bengal to issue „NOC‟ in favour of respondent No.1 for relieving her from her duties and thereby, enabling her to join at the place of her new posting. 4.

Learned counsel for the respondent has shared an order dated 24.07.2024, which has been passed by the Deputy Director, Department of Personnel and Training, Ministry of Personnel, Public 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 28/08/2024 at 12:24:13

Grievances and Pensions, whereby the petitioner Smt. Sonika Kumari has been transferred to the Rajasthan cadre.

5.

However, it is submitted by learned counsel for the petitioner that she has not yet been relieved by her parent department in the State of West Bengal.

6.

Considering the aforesaid directions of the Division Bench of this Court, as well as similar directions of the Division Bench Court in another matter vide order dated 06.08.2024 in WP(C) No.10856/2024 titled Govt. of West Bengal v. Subhanwita & Anr., it is hereby directed that the petitioner shall be deemed to have been relieved from her present posting in the State of West Bengal, where she was undergoing training. Consequently, she is at liberty to join her new posting in Rajasthan in accordance with the prescribed norms. 7.

It is however directed that the service record of the petitioner and her last pay certificate be forwarded to the concerned competent Authority with the concerned Branch in Rajasthan. 8.

The present contempt petition is disposed of accordingly. DHARMESH SHARMA, J.

AUGUST 23, 2024/VLD 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 28/08/2024 at 12:24:13