A writ challenge against a Central Administrative Tribunal order allowing withdrawal of resignation. The High Court dismissed the petition, holding that due to the absence of an inquiry and grant of vigilance clearance, the precedent Nirmal Verma v. MCD applied, justifying rejection of the withdrawal request.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE GOVT. OF NCT OF DELHI AND ORS ..... Petitioners
Through Mr. Naushad Ahmed Khan, ASC with Mr. Zahid Hanief, Advocate
versus
KAMLESH RANI BHATLA ..... Respondent Through Mr. M.S. Saini, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
G.S. SISTANI, J. (ORAL)
W.P.(C) 1118/2019
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which was disposed of on 20.03.2014 with a direction to the petitioners herein to consider and dispose of the request of the respondent by a speaking order.
Smt. Kamlesh Rani Batla, Assistant Teacher while working in Govt. Sarvodya Co-Ed Middle School, J-Block, Sangam Vihar, New Delhi during the year 2010. She actively involved in the political party named ‘Bahujan Samajwadi Party’. Thus she violated Rule 5(1) of CCS Conduct Rules, 1964.
ARTICLE-II
Smt. Kamlesh Rani Batla, Assistant Teacher while working in Govt. Sarvodya Co-Ed Middle School, J-Block, Sangam Vihar, New Delhi during the year 2010 being a government official she organized a meeting for the cadres of a political party (BSP) and has been taking an active part in the meeting i.e. violating the Rule 5(1) of CCS Conduct Rules, 1964, which is unbecoming of a government servant and also violating Rule 3 of CCS(CCA) Conduct Rules, 1964.”
W.P.(C) 1118/2019
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W.P.(C) 1118/2019
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considered and the petitioners finally rejected the request of respondent for withdrawal of rejection by a speaking order passed on 14.05.2015. This led to filing of an OA, which the Tribunal has allowed.
W.P.(C) 1118/2019
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placed before this Court to show that any inquiry is pending against the respondent or that an inquiry was ever held against her.
CM.APPL 5076/2019(stay)
G.S. SISTANI, J
ANUP JAIRAM BHAMBHANI, J
OCTOBER 09, 2019 pst/rb
W.P.(C) 1118/2019
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2 issues framed by the court
Whether the respondent is entitled to withdraw her resignation and seek re-employment after a speaking order rejected her request in light of uncharged articles of charge.
Whether the absence of an inquiry and vigilance clearance brings the present case within the scope of Nirmal Verma v. MCD & Ors.
Colour shows how this judgement treated each authority
Nirmal Verma v. MCD & Ors.Followed¶12
118 (2005) DLT 665 · Who else cites this
The Govt. of NCT of Delhi and Ors.
Kamlesh Rani Bhatla
G.S. Sistani
Anup Jairam Bhambhani
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.
Judgements on the same questions, provisions and authorities, from every court
