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Judgment
SUNIL GAUR ,J.
Learned senior counsel for petitioner candidly states that this petition is essentially against order of 3rd May, 2012 vide which petitioner’s OBC
certificate stood arbitrarily cancelled. It is submitted that no show-cause notice was received prior to the cancellation of the OBC certificate. It is the
case of petitioner that the impugned cancellation of OBC certificate was not acted upon by petitioner’s employer and so, impugned cancellation
was not challenged. It is pointed out that the occasion to challenge impugned cancellation of OBC certificate arose when petitioner’s service stood
terminated vide order of 25th November, 2017 on the ground that petitioner’s OBC certificate stood cancelled on 2nd April, 2014. Infact, the
cancellation of OBC certificate is by order of 3rd May, 2012.Â
2.In light of aforesaid, it is deemed appropriate to permit petitioner to challenge impugned order of 3rd May, 2012 vide which petitioner’s OBC
certificate was cancelled. It is true that petitioner had challenged the cancellation of his OBC certificate vide O.A. No.1707/2014 before the Central
Administrative Tribunal, New Delhi, but the said O.A. was dismissed for want of jurisdiction while clarifying that petitioner is not precluded from
challenging cancellation of his OBC certificate before the Forum having jurisdiction. Pertinently, order of 22nd December, 2017 (Annexure P-25)
records that the liberty granted to petitioner to challenge cancellation of his OBC certificate was qualified with the rider of petitioner’s employer
taking any consequential action on basis of cancellation of petitioner’s OBC certificate. Therefore, delay or laches will not stand in the way of
petitioner to assail the order of 3rd May, 2012.
3.Learned senior counsel for petitioner seeks permission to withdraw this petition with liberty to challenge the order of 3rd May, 2012. Let it be so
done within a period of four weeks from today.
4.With aforesaid liberty, this petition and the application are dismissed as withdrawn. Â