SH. RAKESH DUTT v. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE (HQS.) & ORS.
W.P.(C)/10041/2026 · 2026-07-23
Sanjeev Narula
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 13244 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13244 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10041/2026 & CM APPLs. 46695-46696/2026
SH. RAKESH DUTT
.....Petitioner Through: Mr. Rajesh Ranjan, Mr. Sohaib Alam and Mr. Abhishek Gond, Advocates.
versus
THE PRINCIPAL DISTRICT AND SESSIONS JUDGE (HQS.) & ORS.
.....Respondents
Through: Mr. S. Sunil, Advocate for R-2 and 3. Mr. Iram Majid, CGSC with Mr. Mohd. Suboor, Mr. Mohd. Saad Khan and Mr. Amaan Siddhiqui, Advocates. Mrs. Avnish Ahlawat, SC, GNCTD with Mr. N. K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates for R-1. Mr. Akash Chatterjee, SPC with Mr. Vanshul Pali, G.P. with Ms. Riya Verma and Ms. Ayushi Mishra, Advocates for R-5.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R %
23.07.2026
1. The Petitioner was serving as a Judicial Assistant in the District Judiciary and was dismissed from service by order dated 08th September, 2025 passed by the Principal District & Sessions Judge (HQs.). The said
order is presently the subject matter of a departmental appeal preferred This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:40:16
under Rule 35 of the Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012, which is pending consideration before the appellate authority. 2. It is submitted that the said appeal has not yet been taken up for hearing and no date has been fixed for its consideration. 3. Counsel for the Petitioner submits that the limited relief pressed in the present petition is that, pending disposal of the departmental appeal, the Petitioner may not be evicted from the official staff accommodation allotted to him during service. It is submitted that the Petitioner has substantial grounds to assail the order of dismissal, including that the findings recorded by the disciplinary authority are unsupported by evidence and that the departmental proceedings suffer from violation of the principles of natural justice. However, it is fairly submitted that all such contentions shall be urged before the appellate authority and are not being pressed before this Court. The Petitioner only seeks permission to continue occupying the said accommodation till disposal of the departmental appeal, subject to payment of INR 25,660/- per month, comprising INR 25,000/- towards HRA and INR 660/- towards licence fee. The Petitioner further undertakes to clear all outstanding arrears and continue making future payments during the pendency of the departmental appeal. 4. Counsel for the Petitioner further submits that, in view of the aforesaid limited relief, none of the other prayers made in the writ petition are pressed. 5. Having regard to the limited relief pressed and without expressing any opinion on the merits of the order of dismissal or the pending departmental appeal, the present petition is disposed of with the following directions: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:40:16
i. The Petitioner shall be permitted to continue occupying the staff accommodation, subject to payment of INR 25,660/- per month. ii. The Petitioner shall clear all outstanding arrears within a period of three months from today. iii.
The Petitioner shall continue to make the monthly payments on or before the 7th day of each succeeding month. iv. The aforesaid arrangement shall remain operative only till the disposal of the departmental appeal. 6. It is clarified that this Court has not examined the merits of the order of dismissal or the pending departmental appeal. All rights and contentions of the parties are left open to be urged before the appropriate forum. 7. Pending applications also stand disposed of. SANJEEV NARULA, J JULY 23, 2026 hc
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/07/2026 at 15:40:16