Parvesh Dabas Vs the Principal District and Sessions… — Writ and Judicial Review | Delhi HC (2025)

Parvesh Dabas Vs the Principal District and Sessions… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the respondents to consider the petitioner's representations regarding regularisation of leave and release of unpaid salary in accordance with the applicable Rules, to pass a speaking order within four weeks, and to release any amounts found unduly withheld within two weeks thereafter; respondents' right to take proceedings in accordance with law expressly preserved.

Issue for consideration

Whether the petitioner is entitled to release of his salary for the period from August 2024 to April 2025, alleged to have been withheld. +2 more

Court's answer

The respondents are directed to consider release of the petitioner's unpaid salary in accordance with the Rules, to pass a speaking order within four weeks, and to release any amounts found unduly withheld within two weeks thereafter.

Ratio / Principle

Whatever the factual situation, any action against the petitioner - whether by way of withholding of salary for the period during which he has not discharged his duties, or by way of disciplinary proceedings - can be taken only in accordance with the applicable Rules.

Key takeaways

The respondents are directed to consider the petitioner's representation for regularisation of the period during which he was on leave, in accordance with the Rules.ratio¶18
Nothing in the order limits the respondents' right to take proceedings in accordance with law against the petitioner; the rights and remedies of the parties remain reserved.obiter¶23

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution by a Process Server in the Delhi District Courts establishment (employed since 2007) seeking release of salary withheld from August 2024 to April 2025 and regularisation of leave for absence from 01.06.2024 to 13.08.2024, it being contended that no show cause notice was issued and no disciplinary proceedings commenced. Held: whatever the factual situation, any action against the petitioner, whether by withholding of salary for the period he did not discharge his duties or by way of disciplinary proceedings, can be taken only in accordance with the applicable Rules. Respondents directed to consider the petitioner's representations dated 07.11.2024, 04.01.2025, 27.02.2025 and 02.04.2025, pass a speaking order within four weeks, and release any amounts found unduly withheld within two weeks thereafter. Nothing in the order limits the respondents' right to take proceedings in accordance with law; rights and remedies reserved. Writ petition and pending application disposed of (PRATEEK JALAN, J).

$~73

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 6570/2025 & CM APPL. 29783/2025

PARVESH DABAS .....Petitioner Through: Mr. Alok Dev, Advocate with petitioner in person.

versus

THE PRINCIPAL DISTRICT AND SESSIONS JUDGE (NORTH WEST) & ANR. .....Respondents Through: Mrs. Avnish Ahlawat, SC for GNCTD with Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam, Mr. Amitoj Chadha and Mr. Mohnish Sehrawat, Advocates.

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 16.05.2025

The petitioner was employed in the establishment of the District Court as a Process Server since the year 2007.

By way of this petition, under Article 226 of the Constitution, he contends that his salary for the period from August 2024 to April 2025 has not been paid, that no show cause notice has been issued to him and no disciplinary proceedings have been commenced.

In the writ petition, it is admitted that the petitioner remained absent from work from 01.06.2024 to 13.08.2024. It is claimed that this was due to certain medical difficulties, but the first communication to the

W.P.(C) 6570/2025 Page 1 of 3

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 01/07/2025 at 22:01:46

respondents, in this regard, was sent only on 21.07.2024. The petitioner contends that he joined work again on 14.08.2024, and that he had sufficient leave to cover the period from 01.06.2024 to 13.08.2024. It is contended that the petitioner was admitted to hospital again on 20.10.2024, and remained hospitalised till 04.11.2024.

The petitioner has, however, remained absent from 07.01.2025, and has not joined work even now. There is little explanation in the writ petition for his absence from January 2025, except to say that he was in a financial difficulty due to withholding of his earlier salary dues. There is no other reason in the writ petition for the petitioner to have remained absent from duty since January 2025 till now.

The petitioner has addressed communications dated 07.11.2024, 04.01.2025, 27.02.2025 and 02.04.2025 to the respondents for release of his withheld salary and regularisation of leave. 6. Whatever the factual situation, it cannot be disputed that any action against the petitioner, whether by way of withholding of his salary for the period during which he has not discharged his duties or by way of disciplinary proceedings, can be taken only in accordance with the applicable Rules. In these circumstances, the respondents are directed to consider the petitioner’s representations, both with regard to regularisation of the period during which he was on leave, and release of his unpaid salary in accordance with the Rules. The respondents may pass a speaking order, in this regard, within four weeks from today, and release any amounts found unduly withheld, within a period of two weeks thereafter.

Nothing in this order will be construed as limiting the rights of the

W.P.(C) 6570/2025 Page 2 of 3

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 01/07/2025 at 22:01:46

respondents to take proceedings in accordance with law against the petitioner. The rights and remedies of the parties remain reserved.

The writ petition, alongwith pending application, is disposed of.

PRATEEK JALAN, J

MAY 16, 2025 SS/kb

W.P.(C) 6570/2025 Page 3 of 3

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 01/07/2025 at 22:01:46