K.M. Agrahari v. Govt of NCT Delhi

Delhi High Court · 20 Mar 2015 · 2015:DHC:11190-DB
Kailash Gambhir; I. S. Mehta
W.P.(C) 3685/2014
2015:DHC:11190-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed the respondents to seek the UPSC's opinion on the petitioner's monetary claims and act accordingly, disposing of the petitions with these directions.

Full Text
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HIGH COURT OF DELHI
W.P.(C) 3685/2014
K.M. AGRAHARI, S.R.E.O. (RETD.)
Petitioner
Through: Mr.Pratap Ch. Mishra, Advocate.
VERSUS
GOVT OF NOT DELHI & ORS Respondents
Through: Ms. IshaKhanna andMs.Nikhita Khetrapal, Advocates for Ms.Nidhi
Raman, Advocate for R-1 & R-2 alongwith Mr.Dinesh Kumar, Pairvi
Officer in person.
AND
W.P.(C) 3689/2014
K.M. AGRAHARI, S.R.E.O. (RETD.)
Petitioner
Through: Mr.Pratap Ch.Mishra, Advocate.
VERSUS
GOVT OF NCT DELHI & ORS fvi Respondents;
Through: Ms.IshaKhanna andMs.Nildiita Khetrapal, Advocates for Ms.Nidhi
^ Raman, Advocate for R-1 &R-2 alongwith Mr.Dinesh Kumar, Pairvi
Officer in person.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA 2015:DHC:11190-DB
\ .sr? ip
20.03.2015 After some arguments, counsel for the petitioner states that the petitioner would feel satisfied if the respondents seek the opinion of the
UPSC with regard to both the monetary claims of the petitioner being the amount having spent by him in the litigation and travelling expenses.
This request of the petitioner although has been opposed by Ms.Isha
Khanna, counsel representing the respondents on the premise that it is not mandatory for the respondents to consult the UPSC. However, without touching the legality of this argument, we direct the respondents to seek the opinion of the UPSC with regard to both the claims of the petitioner and in case the UPSC gives an opinion in favour of the petitioner then the respondents shall take necessary steps to reimburse the said monetary claims of the petitioner. However, in the event the UPSC, for any reason, does not accept the claim ofthe petitioner and gives an opinion against the petitioner, then the petitioner shall not take any ftirther recourse to challenge the decision of the UPSC or of the respondents. Steps in this direction shall be taken by the respondents within a period of four weeks from the date of this order and the UPSC shall give its opinion within next four days thereafter.
/ is,-;- n The respondents shall take up the matter with the UPSC for necessary compliance of the direction as given by this Courttoday.
Boththe petitions stand disposed ofwiththe above directions.
Order DASTI.
KAILAsimAMBHIR, J MARCH 20, 2015 'dc'
JUDGMENT