High Court of DelhiW.P.(C)/1298/2016

M.K. Verma v. District And Sessions Judge (Headquarters)

2016-03-11Hon'Ble Mr. Justice V.P.Vaish2 pages

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1298/2016 M.K. VERMA ..... Petitioner Through:

Mr.Rajat Aneja, Adv.

versus DISTRICT AND SESSIONS JUDGE (HEADQUARTERS) ..... Respondent Through:

Mr.Ankur Chhibber, Adv.

CORAM:

HON'BLE MR. JUSTICE V.P.VAISH

O R D E R

% 11.03.2016 The petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India seeking quashing of order bearing No. Adm.II/S&P (SR.JA)/2015/7152-7176 dated 12.02.2015 issued by the respondent.

The petitioner also seeks directions to the respondent to grant all promotional scales to the petitioner as per service rules and to refix the salary of the petitioner in accordance therewith.

The case of the petitioner is that the petitioner joined the office of respondent as LDC in May, 1973. Departmental enquiry was initiated against the petitioner on 25.06.1998. On 14.09.2009 the said inquiry culminated into imposition of a penalty of withholding two increments with cumulative effect against the petitioner. Against the

said order, the petitioner filed an appeal and vide order dated 16.03.2012, the appellate authority modified the order of penalty dated 14.09.2009 to stoppage of one increment with cumulative effect. The petitioner superannuated from service in February 2013. Learned counsel for the petitioner further submits that the petitioner made representation on 23.08.2014. He also submits that the petitioner made another representation dated 06.01.2016 and the same has not been decided so far.

Mr.Ankur Chhibber, learned counsel for the respondent, on instructions submits that the representation of the petitioner dated 06.01.2016 shall be decided within a period of four weeks and a speaking order will be passed considering the circular dated 30.08.1990.

In view of the facts and circumstances of the case, it is deemed appropriate to dispose of the petition with the directions that the respondent shall decide the petitioner's representation dated 06.01.2016 within a period of four weeks from today by passing a speaking order after considering the circular dated 30.08.1990. The decision thereof shall be communicated to the petitioner. In view of the above, the petition stands disposed of. V.P.VAISH, J MARCH 11, 2016/gm