The petition seeking challenge to a transfer order was dismissed on the petitioner undertaking to join his new post within 10 days. The court accepted this undertaking and extended the joining period.
Time to join the posting was extended by 10 days upon petitioner's undertaking.
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$~27.
Through: Ms. June Chaudhari, Senior Advocate along with Ms. Sumeeta Chaudhari, Advocate.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Ms. Archana Gaur & Ms. Ridhima Gaur, Advocates for respondent No.1/ UOI.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI
O R D E R % 19.09.2017
After some arguments, upon it being informed to the learned senior counsel for the petitioner as well as the petitioner, who is present in Court, that we are not inclined to entertain the present petition, a request has been made by the petitioner that he may be granted 10 days time to join his post at Farakka Barrage Project. He undertakes to the Court that he shall join his said post within 10 days. He states that he accepts his transfer order dated 12.06.2017 and gives up the challenge to the impugned order of the Tribunal dated 05.09.2017 in O.A. No. 2959/2017.
The Tribunal, by the impugned order, had granted 2 weeks time to the
petitioner to join his new posting, which period is expiring today.
In view of the aforesaid undertaking given by the petitioner, which we accept, the time to join the said posting is extended by 10 days from today, as requested. In case the petitioner does not join the fresh posting at Farakka Barrage Project within the said period in breach of his undertaking, it shall be open to the respondents to initiate disciplinary proceedings against the petitioner for his not having joined in terms of the office order No.38/2017 dated 12.06.2017.
The petition is dismissed in the aforesaid terms. The petitioner shall, however, remain bound by his undertaking, as aforesaid.
Dasti.
VIPIN SANGHI, J
REKHA PALLI, J
SEPTEMBER 19, 2017 B.S. Rohella
1 issue framed by the court
Whether the petitioner's request for an extended deadline to join his new posting should be granted.
MAHENDRA SINGH VARMA
UNION OF INDIA
VIPIN SANGHI
REKHA PALLI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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