NEW DELHI: The Supreme Court has stayed the Delhi High Court order reinstating IAS officer Rinku Dhugga, who was compulsorily retired following the controversy over allegedly emptying Thyagaraj Stadium in Delhi so she could walk her dog.
A Bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to Dhugga on the Union government's appeal and ordered an interim stay on her reinstatement.
The case relates to a 2022 incident in which Dhugga and her husband, Sanjeev Khirwar, both IAS officers, allegedly forced athletes to leave Thyagaraj Stadium in south Delhi early so that they could walk their dog there.
After photographs of the incident circulated and athletes protested, the Centre transferred both officers out of Delhi and ordered an inquiry.
The disciplinary proceedings resulted in a minor punishment over the dog-walking incident. Dhugga was subsequently compulsorily retired by the Centre, citing the controversy.
She challenged the retirement order before the Central Administrative Tribunal (CAT), which quashed it and ordered her reinstatement. The Delhi High Court upheld the CAT's order on April 15.
The High Court held that the Review Committee, which recommended her compulsory retirement under Fundamental Rule 56(j), had not considered all relevant factors.
It said that Dhugga had no adverse APAR remarks, had received outstanding gradings in the preceding years and had been considered for promotion. The HC also held that the provision to "weed out deadwood" was not applicable in her case and termed the retirement decision unsustainable.
The Union government challenged the High Court's order before the Supreme Court, arguing that Dhugga's compulsory retirement was based on public interest and the subjective satisfaction of the Review Committee, and was not a punishment. It contended that the High Court had erred in interfering with the decision.
After hearing the Solicitor General's arguments, the Supreme Court issued notice and stayed Dhugga's reinstatement. It clarified that the stay would remain in force until further orders. The matter will next be heard on October 13, while Dhugga will remain under compulsory retirement.
"Issue notice, returnable on 13.10.2026. Ashish Pandey, AOR, accepts notice on behalf of the respondent (Rinku Dhugga). Counter affidavit, if any, be filed within two weeks. Any rejoinder, if filed, must be submitted within one week thereafter. In the meantime, the reinstatement of the respondent (Dhugga) shall remain stayed," the top court said in its September 7 order, which was uploaded on its website on Friday.
