The Delhi HC allowed the writ petition partly, directing the response to grant the petitioner notional seniority and pay fixation from 01.01.2015, recognizing the delay in appointment post-acquittal should not cause undue hardship.
Notional seniority as a Constable (GD) and notional fixation of pay from 01.01.2015, with no back wages.
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.
$~60
CT. ANKIT .....Petitioner Through: Mr. Yashpal Rangi, Adv.
versus
UNION OF INDIA AND ORS .....Respondents Through: Mr. Ajay Jain, SPC with Ms. Bijay Lakshmi, Mr. Krishna Sharma, Mr. M. N. Mishra and Ms. Shreya Jain, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R % 18.07.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2024 at 11:29:49
16.12.2014 and immediately thereafter informed the respondents about his acquittal but he was still granted appointment only on 01.03.2017, that too without protecting his seniority. He contends that with the petitioner having been acquitted, the very ground on which he was denied appointment and therefore, in the criminal case, no longer holds good, the respondents ought to have granted him retrospective seniority cum all the consequential benefits.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2024 at 11:29:49
involved in a criminal case at that stage. However, there is no demand to the fact that he was acquitted on 16.12.2014, which position was duly communicated to the respondents promptly by him.
REKHA PALLI, J.
SHALINDER KAUR, J.
JULY 18, 2024 /ss
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2024 at 11:29:49
2 issues framed by the court
Whether a petitioner selected for recruitment but delayed in joining due to a pending criminal case deserves retrospective seniority from his original selection date.
Whether the department's delay in appointing the petitioner after his acquittal entitles him to suffer a loss of seniority.
CT. Ankit
Union of India
Rekha Palli
Shalinder Kaur
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
