Neeraj Khatri v. Union Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11448/2016 NEERAJ KHATRI ..... Petitioner Through:

Mr. Ashish Nischal, Advocate versus UNION OF INDIA ..... Respondent Through:

Ms. Mrinalini Sen, Advocate

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.12.2016 Having heard learned counsel for the parties, we are not inclined to interfere with the impugned order dated 25.4.2016 passed by the Central Administrative Tribunal ('Tribunal'), Principal Bench, New Delhi, dismissing OA No.4575/2015.

The petitioner was arrested by the Central Bureau of Investigation ('CBI') and is facing prosecution in a case relating to disproportionate assets. The petitioner was suspended from the date of his arrest on 17.1.2013 and was allowed to rejoin on 11.4.2014.

On rejoining, the petitioner was posted at Coimbatore, in view of the apprehension expressed by the CBI that the petitioner should not be posted

in Delhi or Chandigarh, as most of the witnesses, who have to depose, are located in or residing at the said places.

The petitioner, however, claims that his wife, being an employee of the State of Haryana, he should be posted at Chandigarh. It is noticed that the petitioner was posted in Delhi from 30.3.2007 to 18.7.2011 and then again from 1.2.2012 to 17.1.2013, when he was arrested. In between, from 19.7.2011 to 31.1.2012, the petitioner was posted at Chandigarh. In view of the aforesaid facts of the case, we do not think that the order of the Tribunal requires interference.

The writ petition is dismissed.

SANJIV KHANNA, J CHANDER SHEKHAR, J DECEMBER 05, 2016 tp