DELHI DEVELOPMENT AUTHORITY vs SUSHIL KUMAR SHARMA AND ANR.

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14630/2021 & CM APPL. 46103/2021 DELHI DEVELOPMENT AUTHORITY .....Petitioner Through: Ms. Sriparna Chatterjee and Mr. Manish, Advs. versus SUSHIL KUMAR SHARMA AND ANR. .....Respondents Through: Mr. Ajay Kr. Sharma and Ms. Rupali Sharma, Advs. for R-1. Mr. Vikrant N. Goyal, Mr. Aditya Shukla, Ms. Shivani Yadav and Mr. Nishu, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 28.01.2025 C. HARI SHANKAR, J. 1. The respondent, who was working as Deputy Chief Accounts Officer in the Delhi Development Authority1, was placed under suspension on 26 June 2020, four days prior to his scheduled retirement on 30 June 2020, on the ground that disciplinary proceedings were contemplated against him. He was, therefore, released only provisional pension, on his superannuation. 2. OA 313/2021 was instituted by the respondent before the 1 DDA Signature Not Verified Digitally Signed By:AJIT W.P.(C) 14630/2021 Page 1 of 8 KUMAR Signing Date:14.02.2025 10:51:36 Central Administrative Tribunal2, challenging his suspension and also seeking a mandamus to the DDA to release, to him, his gratuity, leave encashment, and commutation of pension. 3. The OA has been disposed of, by the Tribunal, vide order dated 18 June 2021, with a direction to the DDA to issue a charge-sheet to the respondent within four weeks of the order, failing which the petitioner has been directed to release, to the respondent, gratuity, leave encashment and commutation of pension, without prejudice to the right of the petitioners to take further steps in accordance with law. 4. Aggrieved thereby, the DDA has petitioned this Court, under Article 226 of the Constitution of India. 5. We have heard Ms Sriparna Chatte