SUSHIL KUMAR JAIN vs SOUTH DMC AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17.09.2025 Pronounced on: 26.09.2025 + W.P.(C) 12099/2021 SUSHIL KUMAR JAIN .....Petitioner Through: Mr. M. K. Bhardwaj, Ms.Sanya Narula, Mr. Praveen Kaushik, Advs. versus SOUTH DMC AND ANR .....Respondents Through: Mr.Arun Birbal, Adv. for MCD 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 dated14.06.2021 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. No.882/2020, titled Sushil Kumar Jain v. South Delhi Municipal Corporation & Anr., dismissing the O.A. filed by the petitioner herein, whereina challenge was made to the Order dated 13.09.2019 compulsorily retiring the petitioner from service, as also the Order dated 30.12.2019 rejecting his representation against the Order dated 13.09.2019. Signature Not Verified Digitally Signed W.P.(C) 12099/2021 Page 1 of 8 By:REYMON VASHIST Signing Date:26.09.2025 18:23:44 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 Order dated 13.09.2019, compulsorily retiring the petitioner from service. A representation filed against the same was also rejected by the Order dated 30.12.2019, 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 was inflicted on the petitioner between 2005-2010, one of which has also been quashed by the learned Tribunal, however, thereafter the petitioner had been promoted to the post of Assistant E