High Court of DelhiW.P.(C)/13202/2018

Abhishek Kumar v. Dedicated Freight Corridor Corporation Of India Limited And ANR.

2018-12-07Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13202/2018 & CM APPL. 51259/2018 ABHISHEK KUMAR ..... Petitioner Through:

Mr. Saurabh Agrawal and Ms. Komal Mundhra, Advocates.

versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED AND ANR.

..... Respondents Through:

Mr. V.S.R. Krishna, Advocate for R-1

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 07.12.2018 CM APPL. 51260/2018 Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. W.P.(C) 13202/2018 & CM APPL. 51259/2018 Vide the present petition, the petitioner seeks direction thereby directing the respondent No.1 to accept the Resignation of petitioner dated 23.08.2018 and issue 'No Objection Certificate' and other relieving formalities to the petitioner and consequently, quash the Office Order No. DFC/ADI/P. File/50 dated 30.08.2018, issued by the Dedication Freight Corridor Corporation of India Limited whereby the respondent No. 1 has illegally demanded the repayment of the entire bond amount and further seeks direction thereby declaring HR Policy Circular No.

HQ/HR/3/Prom.Pol/13 dated 28.05.2013, as being arbitrary and illegal.

Learned counsel appearing on behalf of the petitioner submits that he does not press the prayer 'D' of the petition. Issue notice.

Learned counsel accepts notice on behalf of the respondent No. 1 and submits that if the petitioner is ready to deposit the amount which is at Annexure P-6 dated 24.10.2018 and accordingly, the respondent No. 1 shall issue 'No Objection' and Relieving Certificate to the petitioner on complying the requisite formalities.

As stated by the counsel for the petitioner, he has cleared all the dues and done all the formalities in this regard.

I hereby direct the respondent No. 1 to issue 'No Objection Certificate' and relieve the petitioner immediately within a period of three days of the receipt of the order to enable him to join the new employer. It is needless to state that the petitioner shall pay an amount which he has admitted in email dated 24.10.2018, if already not paid. A copy of this order be given dasti under the signatures of the Court Master.

SURESH KUMAR KAIT, J DECEMBER 07, 2018 rd