Virender Singh v. Tribal Cooperative Marketing Development Federation Of India Limited Trifed & ANR.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7485/2025, CM APPL. 33420/2025 & CM APPL. 33421/2025 VIRENDER SINGH .....Petitioner Through:

Mr. Shivendra Singh and Ms.

Prakriti Rastogi, Advocates.

versus TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LIMITED TRIFED & ANR.

.....Respondents Through:

Mr. Naginder Benipal, SPC with Ms. Vidhi Gupta, GP, Mr. Ankit Siwach and Mr. Udit Vaghela, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 27.05.2025 1.

By way of this petition, under Article 226 of the Constitution, the petitioner assails an order dated 12.03.2025, by which the respondent has conveyed a decision of its Executive Committee in an appeal from a disciplinary order dated 21.06.2024.

2.

The petitioner retired from the service of Tribal Co-operative Marketing Development Federation of India ["TRIFED"] on 31.12.2020. By the aforesaid disciplinary order, he was visited with a minor punishment of censure as also "non payment of interest on retirement benefits". His appeal, under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 ["CCS(CCA) Rules"] has been disposed W.P.(C) 7485/2025 Page 1 of 2 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 01/07/2025 at 20:08:10

of by the impugned order dated 12.03.2025.

3.

Mr. Shivendra Singh, learned counsel for the petitioner, at the outset, states that the impugned order is susceptible to a further challenge under the CCS (CCA) Rules. However, he submits that the impugned order is entirely devoid of reasons, and also that withholding of interest on delayed payment of retiral benefits is not one of the penalties contemplated under the CCS (CCA) Rules. While he seeks liberty to invoke the available remedy, he submits that the aforesaid grounds of challenge may be left open.

4.

I am of the view that it is appropriate to relegate the petitioner to his domestic remedy, rather than adjudicating the writ petition on merits when an alternative remedy is available.

5.

The writ petition is, therefore, disposed of, alongwith the pending applications, with liberty as sought.

6.

It is made clear that all grounds of challenge, including those recorded above, will remain open to the petitioner. The rights and contentions of the parties have not been adjudicated on merits in this writ petition.

PRATEEK JALAN, J MAY 27, 2025 SS/kb/ W.P.(C) 7485/2025 Page 2 of 2 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 01/07/2025 at 20:08:10