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Seeking the Centre's response within eight weeks, the Division Bench clarified that if the writ petition is successful, Verma will be entitled to all superannuation benefits under the rules and listed the matter for January 21, 2023.
A Division Bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela of the Delhi High Court, on Monday, refused to stay dismissal of Gujarat IPS Officer Satish Chandra Verma, a month before his scheduled retirement, and also sought a reply from the Centre within eight weeks.
The court was hearing a plea filed by Satish Chandra Verma challenging the disciplinary proceedings initiated against him on various charges.
Verma was dismissed from service on August 30 after a departmental inquiry found him guilty of various charges. He was accused of engaging with the public media on March 2 and 3, 2016 in an interview with a news channel, without any authorization or permission from the competent authority, and spoke unauthorizedly on matters that were not within the scope of his duties. He was also charged for communicating official information regarding the interrogation of a senior officer in the Government.
Senior Advocate Sudhanshu Batra, appearing for Verma contended that there is no denying that an interview was given to a news channel reporter, but he claimed that it was granted under “compelling circumstances”. He also stated that the contents of the interview were not proven by the law.
The bench stated that it is undisputed that Verma gave an interview to a news channel about matters that were not within the scope of his duties at the time of the interview, and the interview also pertained to aspects that were sub-judice.
After perusal of the contents of the transcript of the interview, the bench ordered that “We are of the view that at this stage the order of termination dated 30.08.2022 does not warrant any interference as petitioner is to superannuate, in any event, on 30.09.2022. Consequently, we are not inclined to stay or interdict the order of dismissal dated 30.08.2022 at this stage.”
The bench also directed the Centre to file its response within eight weeks and clarified that if the writ petition is successful, the petitioner will be entitled to all consequential benefits of his superannuation by the rules. Accordingly, the court listed the matter for January 21, 2023.
“The original record of the inquiry shall be produced in the Court on the next date of hearing”, the court ordered.
Case Title: Satish Chandra Verma v. Union of India & Ors.
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