MS. CHARANJIT KAUR vs GOVT. OF NCT OF DELHI & ORS.

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5608/2022 MS. CHARANJIT KAUR .....Petitioner Through: Mr. Raj Kumar Mittal, Mr. Yogesh Kumar and Ms. Uma, Advs. with the petitioner in person. versus GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Avnish Ahlawat, Standing Counsel, GNCTD with Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 07.02.2025 C.HARI SHANKAR, J. 1. At the very outset, Ms. Avnish Ahlawat, learned Standing Counsel for the GNCTD submits with commendable fairness, that the disciplinary proceedings instituted against the petitioner in the present case were ab initio not sustainable, as they were instituted by the Secretary, Commissioner of Industries, whereas, prior to the institution of the proceedings, the post of Grade-II (DASS) which was being occupied by the petitioner had already become a Group B Post by order dated 9 April 2009 issued by the Department of Personnel & Signature Not Verified Signed By:MEENU KALRA Signing Date:12.02.2025 W.P.(C) 5608/2022 Page 1 of 2 11:52:44 Training1, following which the DOPT, vide order dated 9 November 2017, designated the Chief Secretary as the competent authority to institute disciplinary proceedings. 2. As, for the aforesaid reasons, the disciplinary proceedings instituted against the petitioner were ab initio null and void, the impugned judgment of the Central Administrative Tribunal, which dismissed the petitioner’s challenge to the disciplinary proceedings instituted against her, stands set aside. 3. As the petitioner has superannuated on 30 November 2021, we are not remanding the matter for any de novo exercise. 4. Consequential benefits be disbursed to