Col D S Gahlawat v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8490/2018 and CM APPL. 32632/2018 (stay) COL D S GAHLAWAT ..... Petitioner Through: Mr. S.S. Pandey, Advocate with petitioner in person.

versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Seerat Deep Singh, Advocate for Mr. Akshay Makhija, CGSC.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.08.2018 1.

The present petition has been filed by the petitioner praying inter alia for quashing an order dated 26.07.2018, whereunder he has been directed to be posted as an Administrative Officer, NCC Group Headquarter, Jodhpur, as a last leg posting.

2.

At the outset, learned counsel for the respondents opposes the petition and states that the petitioner has deliberately failed to file a copy of the certificate issued by him on 02.02.2016, stating inter alia that he may be given Rohtak/Karnal, Haryana as a choice of posting in terms of a letter issued by him in January, 2016 and that he will not request for a choice of posting during his last leg of service.

W.P.(C) 8490/2018

3.

When confronted with the above document handed over by learned counsel for the respondents, Mr. Pandey, learned counsel for the petitioner concedes that the aforesaid document has not been filed, though he states that a reference thereto has been made in para 5 of the writ petition. 4.

We may note that in para 5 of the writ petition, instead of being candid enough to admit that he had signed the certificate referred to hereinabove, the petitioner has averred that "he was wrongfully made to sign a certificate", which is most unacceptable.

5.

After addressing arguments for some time, learned counsel for the petitioner states that he has instruction to withdraw the present petition. 6.

Leave, as prayed for, is granted. The petition is dismissed as withdrawn alongwith the pending application.

HIMA KOHLI, J REKHA PALLI, J AUGUST 14, 2018 na W.P.(C) 8490/2018