High CourtsDivision Bench(2021) 02 DEL CK 0208

Dr. Sanjay Gupta vs Secretary Minister Of Power, Govt Of India, New Delhi And Ors

Delhi High Court · Decided on 18 February 2021

HON’BLE JUDGES
Manmohan, J · Asha Menon, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2280 Of 2021

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Judgment

35 paragraphs · 620 words

Manmohan, J

1.

The petition has been heard by way of video conferencing.

2.

Petitioner has filed the present writ petition with the following prayers:-

“a) For a writ of certiorari or any other appropriate writ, order or direction for set aside of the order of Tribunal dated 7/12/12016,

Annexure -P-6, Tribunal order dated 10/1/2017, Annexure -P-5, OA 4040/2016 , Review Tribunal dated 09/5/2017, Annexure-P-4 , RA

108/2017 OA 4040/2016, and special review order of registrar, Annexure-P-3 and writ judgment of high court dated 30/7/2019, Annexure-

P-2, writ 8173/2019, Review order of high court of dated 06/12/2019, Annexure -P-1 ,review petition 508/2019, WR 8173/2019.

b) For an order directing the respondents No 4, North eastern electrical power corporation to pay the petitioner with full salary and all

benefits from the date of deputation of services as SDO-CIVIL (Sr Engineer -higher grade, as posting was confirm by the CMD-Hydro

power (1997-2005) - DGM (Project & Contract-Hydro) year 2006, in NHAI, METRO, MEDICITY; 2006-2008, In LU, AU, MRIIRS 2009-

2021) under notification of CMD.

c) For an order directing the respondents No 4 , North eastern electrical power corporation to allow Gazette of the Govt of India for the

post of Director , according to the present gazette the petitioner is one of the Director of the respondent no 4 North eastern electrical power

corporation, New Delhi/shilling .

d) For an order directing the respondents No.27), Minster of power , govt of Sikkim to allow Gazette of the Govt of India for the post of

chairman ,according to the present gazette the petitioner is one of the chairman of the respondent no. 27.

e) For an order directing the respondents No 1, Minster of power, to Register I original memorandum of association to Central Tribunal

and allow for admission of filed case OA 4040/2016.

Issue a writ or in the nature of certiorari commending the respondent to certify the records of your petitioner's case to the Honorable court

or cause them to be produced at the time hearing so that conscionable justice may be done to the petitioner.

Issue Rule Nisi in terms of the above prayers making rule absolute after hearing the causes shown or if no causes is shown and/to pass

other order as to your lordship may seem fit and proper.

Grant costs.â€​

3.

Though the aforesaid prayer clause is unintelligible, yet it seems that the petitioner wants judgment dated 30th July, 2019 as well as the review order

dated 06th December, 2019 passed by learned Predecessor Division Bench to be referred to a Larger Bench.

4.

It is pertinent to mention that by the aforesaid orders, learned Predecessor Division Bench had upheld the order of the Central Administrative

Tribunal (CAT) holding that the Principal Bench, Delhi of CAT had no territorial jurisdiction to entertain and decide the petitioner’s application as

the petitioner has a dispute with the National Eastern Electric Power Corporation Limited (NEEPCO).

5.

It is pertinent to mention that matters are referred to a Larger Bench when there is a conflict of judgments between two coordinate division

benches or if a division bench believes that the earlier division bench’s view requires reconsideration. In the present case, neither there is any

conflict in the previous Division Bench judgment nor the previous Division Bench judgment in the petitioner’s case suffers from any illegality or

perversity.

6.

If the petitioner is aggrieved by the Division Bench’s order dated 30th July, 2019 and 06th December, 2019, he always has liberty to challenge

the same in a superior forum. Consequently, present writ petition being bereft of merits is dismissed.

7.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.