GG News Bureau
New Delhi, 27th Sept. The Delhi High Court on Monday refused to stay the dismissal of the 1986 batch IPS officer Satish Chandra Verma.
Verma was dismissed from the service on August 30, 2022, one month before his retirement date.
However, the High Court has given the Centre eight weeks to respond to Verma’s petition challenging his dismissal.
Verma is an IPS officer who assisted the CBI in their investigation of the Ishrat Jahan fake encounter case. He was dismissed by the Ministry of Home Affairs.
“We are not inclined to stay or interdict the dismissal order of August 30, 2022, at this stage,” said the Division Bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela.
In an order issued on Monday, the High Court stated, “It is not in dispute that Verma gave an interview to a news channel pertaining to aspects which were not within the sphere of his duties at the time the interview was given.”
One of the reasons for Verma’s dismissal was his involvement with the media, which harmed the country’s relations with its neighbors.
However, Senior Advocate Sudhanshu Batra argued on his behalf that the interview was conducted under ‘compelling circumstances.’
The Court after noting that the interview pertained to aspects which were sub-judice, the Court refused to stay Verma’s dismissal order.
The bench said, “We are of the view that at this stage the order of termination of August 30, 2022, does not warrant any interference as the petitioner is to superannuate, in any event, on September 30, 2022. Consequently, we are not inclined to stay or inter or interdict the order of dismissal at this stage.”
Previously, Verma had filed an appeal with the Supreme Court against the Delhi High Court’s order allowing the Centre to carry out the disciplinary committee’s dismissal order on August 30, 2022.
On September 19, the Supreme Court stayed the dismissal order for a week, giving the High Court the option of continuing the stay or not.
On August 30, the Delhi High Court stayed the proceedings against him. The order had been challenged by the central government. The center had requested that the order be modified.
After hearing the application, the Supreme Court granted it with conditions on September 7, 2022. Verma, on the other hand, had requested a stay of his dismissal order.
According to the division bench of justices Sanjeev Sachdeva and Tushar Rao Gedela, “In that view of the matter, without prejudice to the challenge to the charge sheet in the subject proceedings, respondents (Centre) are permitted to implement the order.”
However, it is directed that the order shall not be implemented till September 19, 2022, to enable the petitioner (Satish Chandra Verma) to avail of his remedies in accordance with the order of dismissal.
The High Court noted that on September 22, 2021, the court directed that the respondents could continue with the disciplinary proceedings, but they would not take any precipitative steps in the meantime.
This order was extended from time to time until August 30, 2022, when the direction was modified based on the respondent’s statement that the disciplinary proceedings had concluded and the competent authority had issued a final order.
The respondents were allowed to issue a final order; however, it was ordered that the final order, if prejudicial to the petitioner, not be implemented until the next date of hearing.
According to the senior counsel for the respondent, the order of dismissal was issued on August 30, 2022. He stated that the petitioner will otherwise retire when he reaches the retirement age on September 30, 2022.
It was pleaded that the order be allowed to be carried out because the disciplinary authority had issued an order of dismissal from service, and the petitioner’s continued service under the interim protection granted by this court is likely to prejudice the respondents as well as have an impact on the administrative orders and decisions made by the petitioner in the meantime.
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