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High Court of DelhiW.P.(C)/8109/2018

Sh. Hari Om v. Office Of The Disst. And Sessions Judge

2018-12-03Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8109/2018 SH. HARI OM ..... Petitioner Through:

Mr. S. Rehman, Advocate.

versus OFFICE OF THE DISST. AND SESSIONS JUDGE ..... Respondent Through:

Ms.

Avnish Ahlawat, Standing Counsel with Mr.

N.K.

Singh, Ms.Palak Rohmetra and Ms. Aarushi, Advocates for D& SJ.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 03.12.2018

1. Vide the present petition, the petitioner seeks direction thereby directing the respondents to reconsider the representations of the petitioner dated 25.06.2016 and 20.04.2018, whereby the respondent rejected the said representation without giving any reason vide orders dated 18.04.2018 and 22.05.2018.

2. Issue notice.

3. Learned counsel accepts notice on behalf of the respondent.

4. With the consent of the parties, I hereby dispose of the present petition.

5. On perusal of the representation dated 25.06.2016, I find that the petitioner has given the instance of one Piara Singh (since retired), who has been considered for the promotion, despite he was

punished with one increment without cumulative effect.

6. In the said representation, it is also stated that Sh. Rajender Kumar was also considered who is presently at Saket Court Complex.

7. In the said representation, it is further stated that Sh. Rajender Kumar who is presently posted at Saket Court Complex was imposed with penalty of withholding his annual increments for 5 years with cumulative effect in file no. F. 1029/Vig. by Sh. S. N. Dhingra, ld. D&SJ, Delhi, despite his case was considered for promotion.

8. Counsel for the petitioner submits that there is a total discrimination against the petitioner whereas in similar circumstances, the other persons mentioned above has been considered for promotion but the petitioner has not been considered.

9. Keeping in view the averments made in the petition and submissions of the counsel for the parties, I hereby dispose of the present petition directing the respondent to consider the representation dated 25.06.2016 which is at page 11 and 12 of the present petition within four weeks from the receipt of this order.

10.The decision would be reasoned and by dealing with specifically paras 2 and 5 of the representation.

11. The decision taken shall be communicated to the petitioner within one week, thereafter, in writing.

12.The petition is accordingly disposed of.

Dasti.

SURESH KUMAR KAIT, J DECEMBER 03, 2018/rd