SUDHIR DHAKA vs NTPC LTD & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 14.05.2025 + W.P.(C) 14437/2006 SUDHIR DHAKA .....Petitioner Through: Mr. Anup Kumar Sharma, Advocate. versus NTPC LTD & ORS .....Respondents Through: Mr. Puneet Taneja, Senior Advocate with Mr. Rajesh Mahendru, Mr. Amit Yadav, Mr. Anil Kumar & Mr. Manmohan Singh Narula, Advocates for NTPC. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. By way of this petition under Article 226 of the Constitution, the petitioner assails the actions of his employer – National Thermal Power Corporation Limited [“NTPC”], the respondents herein, in failing to consider him for promotion, and denying him various allowances, for a period during which he was under suspension, the suspension having subsequently been revoked. A. FACTS: 2. The petitioner was appointed as a Steno-Typist [Grade W-4] in NTPC on 25.03.1987 and promoted to the post of Stenographer [Grade Signature Not Verified Signed By:SOMYA W.P.(C) 14437/2006 Page 1 of 20 SATIJA Signing Date:14.05.2025 19:08:37 W-5] pursuant to a departmental examination, with effect from 23.12.1988. He was thereafter recommended for promotion to the post of Senior Stenographer [Grade W-6], pursuant to a Departmental Promotion Committee [“DPC”] held prior to his suspension. However, the recommendations of the DPC were kept in the sealed cover as he was suspended before the said order for promotion could be given effect. 3. By an order dated 20.02.1993, the petitioner was suspended, relying upon a report to the effect that, on 30.12.1992, he was caught red- handed by officials of the Central Bureau of Investigation [“CBI”] while demanding/accepting a bribe from a candidate for recruitment in the services of NTPC. It was stated in the letter of suspension, that the petitioner was required