Amit Rai v. UOI and Anr.
Case brief
What is this about?
In an appeal against a Single Judge dismissal, the Delhi High Court refused to disturb the conversion of a technical resignation into a final resignation. The court held the appellant's long absence prejudiced his case and found no legal infirmity in the orders.
What did the court decide?
The appeal was dismissed with no orders as to costs.
What the court decided
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 17 + LPA 2/2018
DR. AMIT RAI ..... Appellant Through: Mr A.K. Sinha and Mr Ashok Singh, Advocates.
versus
UOI AND ANR ..... Respondents Through: Mr Roshan Lal Goel and Ms Anju Gupta, Advocates for UOI/R-1. Mr Ashok Panigrahi, learned counsel for BMTPC/R-2.
CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R % 06.12.2018
- The present appeal is directed against an order dated 10th October, 2017 passed by the learned Single Judge dismissing the Appellant’s writ petition W.P.(C) No.8868/2017. The learned Single Judge has declined the prayer of the Appellant that the orders passed by the Building Materials and Technology Promotion Council (‘BMTPC’), New Delhi treating his technical resignation as the final resignation should be set aside.
- The brief facts are that the Appellant was working as Deputy Chief (Building Materials) BMTPC. He joined UNIDO Union as an International Expert (Team Leader) after taking permission from the BMTPC. He gave an undertaking to BMTPC on 10th October, 2014 that he would join back after
LPA 2/2018 Page 1 of 6
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the order treating the appellant's technical resignation as final resignation given the specific undertaking regarding rejoining.
Whether the grant of lien or extension of deputation is automatic where the appellant failed to join back within the agreed timeline.
Whether the plea that the undertaking was given under duress or due to administrative delay is legally tenable in the absence of a formal protest.
Parties & counsel
- appellant
DR. AMIT RAI
- respondent
UOI
- respondent
BMTPC
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court