J D ATKAAN vs COMMISSIONER NORTH DELHI MUNICIPAL CORPORATION

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09.10.2025 Pronounced on: 28.10.2025 + W.P.(C) 8399/2021 J. D. ATKAAN ....Petitioner Through: Mr.Rajeev Sharma, Adv. versus COMMISSIONER NORTH DELHI MUNICIPAL CORPORATION ...Respondent Through: Mr.Tushar Sannu, SC for MCD with Mr.Praveen Bansal, Adv CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed, challenging the Order dated 16.06.2021 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. No.504/2020, titled Shri J.D. Atkaan v. The Commissioner, North Delhi Municipal Corporation, whereby the learned Tribunal dismissed the said O.A. filed by the petitioner herein. 2. The limited facts relevant for the purposes of the present petition are that, in the exercise of powers under FR 56(j) read with Rule 48 of the CCS (Pension) Rules, 1972, the respondent passed an Signature Not Verified Digitally Signed W.P.(C) 8399/2021 Page 1 of 9 By:REYMON VASHIST Signing Date:28.10.2025 18:13:20 Order dated 31.10.2019, compulsorily retiring the petitioner from service. A representation filed against the said order was also rejected vide Order dated 17.02.2020, compelling the petitioner to file the above O.A. 3. The learned counsel for the petitioner submits that the learned Tribunal has failed to appreciate that although certain penalties were inflicted on the petitioner between the years 2006 and 2014, however, they pertained to chargesheets issued between the years 2004 and 2009. Thereafter, the petitioner was promoted to the post of Executive Engineer (Civil), on regular basis, on the recommendations of the UPSC with effect from 01.07.2017; was assigned the additional charge o