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2023 DIGILAW 373 (DEL)

EX. /LNK. RADHA CHARAN SHARMA v. UNION OF INDIA

2023-01-23

NEENA BANSAL KRISHNA, SURESH KUMAR KAIT

body2023
JUDGMENT : 1. Vide the present petition, petitioner seeks quashing of impugned order dated 15.06.2019 passed by respondent No. 3. 2. In earlier round of litigation in W.P. (C) No. 1998/2017 filed by the petitioner herein, the said petition was dismissed by a Co-ordinate Bench of this Court vide order dated 07.03.2019 upholding the petitioner’s dismissal from service, however, liberty was granted to the petitioner to make a representation before the respondents for grant of Compassionate Allowance under Rule 41 of the CCS (Pension) Rules. 3. Accordingly, the petitioner made representation dated 28.03.2019 before the respondents. The respondent No. 3 vide impugned order dated 15.06.2019 dismissed the representation of the petitioner on the ground that he was rightly dismissed from the service. 4. Respondent No. 3 has made observations in Para-7 of the impugned order dated 15.06.2019 which are as under: “7. Whereas, in the instant case, undersigned has examined your request in detail but has not found any extenuating features in your case that would make the punishment awarded to you as unduly hard in view of the conduct you have put in during your service.” 5. Learned counsel for petitioner submits that vide order dated 07.03.2019, the directions passed to the respondents were to decide the representation made by the petitioner for grant of Compassionate Allowance under Rule 41 of the CCS (Pension) Rules whereas vide the impugned order dated 15.06.2019, the respondent No. 3 has only justified the dismissal of the petitioner from service which is evident from Para-7 of the said order reproduced above. 6. Notice issued. 7. Learned Senior Panel Counsel for the respondents accepts notice. Though learned Senior Panel Counsel has disputed the issues raised in the present petition by the petitioner, however, he submits that the impugned order was passed on 15.06.2019 and now, petitioner is challenging the same today, which is barred by delay and laches. 8. Be that as it may, in the interest of justice, we hereby direct the respondents to pass a fresh order on representation dated 28.03.2019 preferred by the petitioner in terms of order dated 07.03.2019 passed by a Co-ordinate Bench of this Court in W.P. (C) No. 1998/2017 within six weeks from today. 9. With the aforesaid directions, the present petition is disposed of.