Umesh Sachdeva vs Govt. Of NCT Of Delhi And Ors

L. Narasimha Reddy, J

MA No.1668/2019.

This application is filed with a prayer to condone the delay of 9 days in filing the review application. After hearing the learned counsel for the

parties, we are convinced that the delay is properly explained. The MA is accordingly ordered.

RA No.100/2019 & RA No.131/2019.

The 2nd respondent, in OA No.821/2019 i.e., South Delhi Municipal Corporation (SDMC) filed RA No.131/2019 seeking review of the order dated

15.03.2019. Similarly, one Mr. Umesh Sachdeva filed RA No.100/2019 seeking review of the same order.

We heard Shri Nalin Kohli assisted by Shri R. K. Jain, learned counsel for the applicant in RA No.131/2019, Shri A. K. Panwar for Shri Ramesh

Duggal, learned counsel for applicant in RA No.100/2019, and Shri M. K. Bhardwaj, learned counsel for respondent.

The issue involved in the OA was about the posting of the applicant therein to the SDMC as Engineer-in-Chief. The Tribunal did not touch that

question at all, in view of the fact that there has been a trifurcation of the Delhi Municipal Corporation. However, it was left open to the applicant to

make a representation, and the respondents in turn, were directed to consider the same in accordance with law. Reference was made to an order

passed in OA No.721/2017, and liberty was given to the respondents to distinguish and differentiate the case of the applicant with the one in OA

No.721/2017, if the facts so warrant.

The grievance of the 2nd respondent in the OA is that the applicant in the OA is making representations one after the other, to several authorities

but not to it, i.e., the 2nd respondent, and the entire issue is fluid in nature. Similarly, learned counsel for the applicant in RA No.100/2019 submits that

the applicant in the OA is proceeding as though a vested right is conferred upon him, though no such rights have been recognised by the Tribunal.

In the normal course, the decison as to the posting can straightway be undertaken by the Government itself. However, in the peculiar situation that

emerges on account of the trifurcation of the Corporation, the issue is governed by certain provisions of Delhi Municipal Corporation Act. On certain

aspects, not covered by the Act, the decisions are required to be taken collectively by all the three Corporations, if necessary by approaching the

Hon’ble Lt. Governor. The views of the Director, Local Bodies are also to be ascertained. Since the question is about posting of Engineer in

Chief, it is needless to mention that the matter has to be decided with the participation of all the three Corporations, and such other authorities as are

mentioned in the relevant provisions of law.

With the above observations, the RAs are disposed of.