Sh Rajender Singh vs Union Of India Through Ministry Of Railways Through Its Chairman And Anr.

$~110
* IN THE HIGH COURT OF DELHI AT NEW DELHI
# CNR No. DLHC010497492026
+ W.P.(C) 15265/2026
SH RAJENDER SINGH .....Petitioner
Through: Mrs. Rashmi Chopra, Sr. Adv.
with Mr. Puneet Rathi, Ms. Fiza Chopra, Mr.
Moh Shahrukh Qureshi, Advs.
versus
UNION OF INDIA THROUGH MINISTRY OF RAILWAYS
THROUGH ITS CHAIRMAN AND ANR. .....Respondents
Through: Mr. Rajesh Kumar, SPC for
UOI with Mr. Yash Narain, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MS. JUSTICE NIVEDITA ANIL SHARMA
JUDGMENT (ORAL)
% 13.10.2026
C. HARI SHANKAR, J.
1. This writ petition assails judgment dated 29 October 2025
1
passed by the Central Administrative Tribunal in CP 221/2022 in OA
492/2015.
2. CP 221/2022 alleged contumacious and wilful disobedience of
the following directions, contained in para 9 of judgment dated 30
March 2022 passed in OA 492/2015:
1
“Tribunal” hereinafter
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Digitally Signed By:AJIT
KUMAR
Signing Date:16.10.2026
13:23:00

“9. Keeping in view the facts that the applicant had qualified
th th
the ESE - 2012 and secured 88 rank and placed at 4 position in
the merit list prepared for PH candidates, we deem it fit and proper
to direct the respondent No.3 - UPSC to forward the case of the
applicant for allocation to a service/post against PH vacancy on the
basis ESE-2012, to departments/Ministries other than Ministry of
Railways on the basis of his rank in the merit list prepared for PH
category and preference to services, within a period of two months
from the date of receipt of a copy of this order.”
3. The contempt petition impleaded the Chairman of the Railway
Board as Contemnor 1 and the Secretary of the Union Public Service
2
Commission as Contemnor 2.
4. To our mind, the contempt petition could not even have been
maintained against the Railway Board, as the only direction in the
order of which contempt was alleged was against the UPSC.
5. The aforesaid order of the Tribunal was carried by the UPSC to
this Court by way of WP (C) 14573/2022.
6. This Court disposed of the said writ petition thus, on 9
September 2024:
“13. Having heard learned counsel appearing for the parties and
on perusal of this case, we find that the stand of UPSC before this
Court is that the case of the respondent No.1 has already been
forwarded to respondents No.2 & 3 i.e. Ministry of Railways and
the allocation has to be done by the concerned Ministry. However,
it is not disputed that respondent No. 1 has already initiated the
contempt proceedings against the petitioner. In such facts of the
case, this Court finds that the decision on respondent's case has to
be now taken by respondents No.2 & 3 and the role assigned to the
petitioner-UPSC is over once the case has been forwarded to
2
“UPSC” hereinafter
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Digitally Signed By:AJIT
KUMAR
Signing Date:16.10.2026
13:23:00

respondents No.2 & 3 in compliance of directions passed by the
learned Tribunal.
14. As such, there was no occasion for UPSC to challenge the
order dated 30.03.2022, as the final call has to be now taken by
respondents No.2 & 3. In our view, nothing survives for
consideration in the present petition and accordingly the same is
accordingly dismissed.
15. We make it clear that we have not commented upon the
contempt proceedings initiated by the respondent against
respondents No.2 & 3 and the same shall considered by the
Tribunal in accordance with law.”
7. Clearly, the directions issued by this Court in its order dated 9
September 2024 are completely irrelevant in so far as the contempt
proceedings before the Tribunal were concerned, as the contempt was
alleging disobedience of an order passed by the Tribunal.
8. Nonetheless, as the petitioner is a differently abled person, we
also have examined whether there is any disobedience of the
directions contained in the judgment dated 9 September 2024 passed
by this Court.
9. This Court, too, has, in its judgment, noted that once the UPSC
had forwarded the matter to the Ministry of Railways and the
concerned Ministry, the ball lay in their court.
10. There is no categorical direction to either of the Ministries to
appoint the petitioner.
11. The Ministry of Railways, in the Contempt Petition before the
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Digitally Signed By:AJIT
KUMAR
Signing Date:16.10.2026
13:23:00

Tribunal, stated that the petitioner could not be accommodated as
there was no vacancy.
12. This, according to us, is an aspect which lay outside the pale of
jurisdiction of the Tribunal in contempt proceedings.
13. As such, we clarify that if there are any observations in the
impugned judgment on the legitimacy or otherwise of the decision of
the Ministry of Railways not to grant appointment to the petitioner,
they would not be binding, as they could not have been returned in
contempt proceedings.
14. Suffice it, however, to state that, as there was no further
direction to any of the Ministries either by the Tribunal or this Court,
no disobedience, much less contumacious or wilful disobedience,
could be alleged.
15. We, therefore, decline to interfere in the present writ petition,
which is accordingly dismissed.
16. The petitioner would, however, be at liberty to proceed
otherwise than in contempt proceedings for securing his rights in
accordance with law. We make it clear that any such proceedings, if
initiated or instituted, would be decided uninfluenced by any
observation contained in the impugned order dated 29 October 2025
passed by the Tribunal.
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Digitally Signed By:AJIT
KUMAR
Signing Date:16.10.2026
13:23:00

17. We also request the Tribunal, in case the petitioner
reapproaches the Tribunal with a substantive grievance, to deal with
the matter as expeditiously as possible, keeping in mind the fact that
the petitioner is differently abled.
C. HARI SHANKAR, J.
NIVEDITA ANIL SHARMA, J
OCTOBER 13, 2026/ dsn
Signature Not Verified
W.P.(C) 15265/2026 Page 5 of 5
Digitally Signed By:AJIT
KUMAR
Signing Date:16.10.2026
13:23:00