AVINASH KUMAR vs UNION OF INDIA AND ANR.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th April, 2026. + W.P.(C) 2439/2020 AVINASH KUMAR .....Petitioner Through: Mr. Vikash Kumar, Advocate. versus UNION OF INDIA AND ANR. .....Respondents Through: Mr. Jivesh Kr. Tiwari, CGSC with Ms. Nandini Aggarwal and Ms. Samiksha, Advocates for R-1/UOI. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J. (Oral): 1. This writ petition impugns order dated 30th August, 2019, whereby the Petitioner was transferred from the Corporate Office of Respondent No. 2/Energy Efficiency Services Limited,1 Delhi/NCR to Agartala, Tripura, as well as the subsequent order dated 6th December, 2019, by which his name was struck off the rolls on the ground of unauthorised absence. A consequential release order dated 9th December, 2019 records that his services stood terminated with effect from 6th December 2019. CM APPL. 53348/2025 2. This application seeks amendment of the captioned writ petition. The proposed amendment is essentially formal in nature. While the Petitioner Signature Not Verified Dgitally Signed By:AKANSHA SINGH W.P.(C) 2439/2020 Page 1 of 22 Signing Date:01.05.2026 18:32:08 had originally challenged the transfer order dated 30 th August, 2019, the amended petition also impugns the subsequent order dated 6th December, 2019 terminating his services, along with the consequential release order. The foundational facts remain unchanged. 3. Respondent No. 2 has already filed its counter affidavit addressing the challenge as set out in the amended writ petition and has had full opportunity to meet the case. No prejudice would therefore be caused by permitting the amendment. 4. Accordingly, the application is allowed. The amended writ petition is taken on record. W.P.(C) 2439/2020 Factual Backgroun