Dismissed

Union of India & Ors. v. Ashish Siwach

Delhi HC5 Jan 2024W.P.(C)/151/2024

Case brief

AI extract

What is this about?

This Court dismissed the writ petition challenging the Court Tribunal's setting aside of the respondent's termination order. The court affirmed the Tribunal's approach and held that the petitioner remains entitled to initiate departmental action despite the termination being set aside.

What did the court decide?

Writ petition and all pending applications dismissed; position clarified that petitioners may initiate departmental action.

Union of India & Ors. Vs Ashish Siwach — Pension and Retirement Benefits | Delhi HC (2024)

¶1

$~54

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 151/2024, CM APPL. 653/2024 -Ex., CM APPL. 654/2024 -Stay (Cont. Pet.) & CM APPL. 655/2024 -Stay (O.A.). UNION OF INDIA & ORS.

¶4

..... Petitioner Through: Mr. Anshuman, Sr. Panel Counsel with Mr. Piyush Ahluwalia, Adv.

¶5

versus

¶6

ASHISH SIWACH

¶7

..... Respondent Through: Mr. M.K.Bhardwaj, Ms. Priyanka M. B., Mr. Arun Prakash, Advs.

¶8

CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN O R D E R % 05.01.2024

¶9

The present petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 18.09.2023 passed by the learned Central Administrative Tribunal in OA 2303/2023. Vide the impugned order, the learned Tribunal has set aside the order dated 28.07.2023 passed by the petitioner whereby the services of the respondent who had been appointed as an Auditor in the Defence Accounts Department pursuant to his selection by the Staff Selection Commission, has been quashed .

¶10

The primary ground on which the termination order has been quashed by the learned Tribunal is that even though the said order was

¶11

This is a digitally signed order.

¶12

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 06/05/2024 at 15:19:24

¶13

stigmatic, the same had been passed without holding any inquiry against the respondent.

¶14

Having perused the impugned order, this Court is of the considered view that the approach adopted by the learned Tribunal was absolutely correct in law and, therefore, no interference is called for with the impugned order.

¶15

At this stage, learned counsel for the petitioner submits that even if the termination of the respondent was found to be faulty on account of non-compliance with the principles of natural justice, the learned Tribunal ought to have at least granted an opportunity to the petitioner to take action against the respondent as per law. Learned counsel for the respondent who appears on advance notice fairly admits that the petitioners are entitled to initiate departmental action against the respondent as per law.

¶16

In the light of this stand taken by the parties, the writ petition, alongwith all pending applications, stands dismissed by clarifying that despite the termination order dated 28.07.2023 having been set aside, it will be open for the petitioners to initiate departmental action against the respondent as per law.

¶17

REKHA PALLI, J

¶18

DR.SUDHIR KUMAR JAIN, J

¶19

JANUARY 5, 2024 al

¶20

This is a digitally signed order.

¶21

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 06/05/2024 at 15:19:24

Union of India & Ors. v. Ashish Siwach

Case brief

What is this about?

What did the court decide?

Union of India & Ors. v. Ashish Siwach

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Asstt Comdt Rahul Bhasharkar Vs Union of India & Ors.

Asian Private Iti Vs Directorate General of Training

Mehmoodul Hasan Vs Govt. Ofnct of Delhi and Anr.

Amar Singh Bhatia & Anr. Vs Sir Ganga Ram Hospital & Ors.

Bharat Bhushan Jindal Vs Principal Commissioner of Income TAX-12 & Anr.

Keshav Dutt Upreti Vs Union of India & Ors.

Mohan Singh Bisht Vs Union of India & Ors.

Lalit Mohan Kabdwal Vs Union of India through Its Secretary & Ors.

Standing Conference of Public Enterprises Vs Govt. of NCT of Delhi and Ors.

Delhi Transport Corporation (Dtc) through Its Chairman -Cum -Managing Director Vs Satyabir Singh

Satish Kumar Vs Union of India through Its Secretary & Ors.

Naresh Kumar and Ors. Vs UOI and Ors.

Housing and Urban Development Corpn. Ltd. Vs Varsha Punhani & Ors.

Govt of NCT Delhi and Anr. Vs Ardhendau Kumar Singh and Ors.