← Library
High Court of DelhiW.P.(C)/7842/2019

Shanta Devi Sharma v. Union Of Indai & ANR

2019-08-01Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7842/2019 SHANTA DEVI SHARMA ..... Petitioner Through:

Mr. N.K. Jha, Adv.

versus UNION OF INDIA & ANR ..... Respondents Through:

Adv. (appearance not given)

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 01.08.2019 CM APPL. 32614/2019 (Exemption) Application allowed subject to all just exceptions. W.P.(C) 7842/2019 Vide the present petition, the petitioner prays as under: "(a) quash the order dated 11.10.2018 passed by the respondent no. 2 and;

(b) direct the respondent no. 2 to : - i. treat the petitioner on duty for all purposes w.e.f. 11.10.2018; ii. allow the petitioner to join her duties in the office of respondent no. 2 on the date as directed by this Hon'ble Court; and iii. pay the entire arrears of pay and allowances due to the petitioner w.e.f. 11.10.2018 till the date of her joining the duties in the office of the respondent no. 2 alongwith interest @ 9% per annum; and

(c) direct the respondent no. 2 to pay the costs to the petitioner for the harassment and humiliation suffered by the petitioner due to aforesaid illegal, void and patently unjustified suspension order dated 11.10.2018."

Case of the petitioner is that the petitioner was suspended without assigning any reason on 11.10.2018. Moreover, the said suspension order has not been reviewed after 90 days as per rules. The present petition was listed on 22.07.2019 when learned counsel for the respondent No. 1 sought time to take instructions and assist the Court on the next date of hearing.

Learned counsel appearing on behalf of the respondents, on oral instructions, submits that respondent No. 2 shall withdraw the order dated 11.10.2018.

Accordingly, this Court hereby sets aside the suspension order and directs the respondents to allow the petitioner to join duty in the office and shall pay her the salary and arrears applicable to the petitioner. In view of the above, the petition is disposed of. SURESH KUMAR KAIT, J AUGUST 01, 2019 PB