Lok Sabha Secretariat & Ors v. Harinder Kumar

Delhi High Court · 26 Aug 2013 · 2013:DHC:8510-DB
Pradeep Nandrajog; V. Kameswar Rao
LPA 436/2013
2013:DHC:8510-DB
administrative appeal_allowed Significant

AI Summary

The Delhi High Court set aside an impugned order relying on a precedent overruled by the Supreme Court, dismissing connected writ petitions and allowing the appeals.

Full Text
Translation output
/» 6 1 HIGH COURT OF DELHI
LPA 436/2013
LOK SABHA SECRETARIAT &ORS Appellants Represented by: MrJ.P.Sengh, Sr.Advocate instructed by Ms.Zubeda
Begum, Mr.SumeetBatra, Ms.Ankita Gupta, Advocates.
VERSUS
HARINDER KUMAR
Represented by: Nemo Respondent
TPA 442/2013
LOK SABHA SECRETARIAT & ORS SUNIL KUMAR
LPA 445/2013
VERSUS
X. XX XX Appellant RepVelentedby: MrJ.P.Sengh, Sr.Advocate instructed by Ms.Zubeda
Begum, Mr.Sumeet Batra, LOK SABHA SECRETARIAT &ORS Appellant
Represented by: Mr.J.P.Sengh, Sr.Advocate instructedby Ms.Zubeda
Begum, Mr.Sumeet Batra,
VERSUS
KUNWAR DIGVIJAY TOMAR Page 1 of2 2013:DHC:8510-DB
5'
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER o/o 26.08.2013 CMNO.9705/2Q13 in LPA 436/2013
CMNo.9789/2013 inLPA 442/2013 CMNo.9793/2013 in LPA 445/2013
For the reasons stated in the applications, delay in filing the appeals is condoned.
CMs stand disposed of.
T.PA 436/2013. LPA 442/2013 & LPA 445/2013
JUDGMENT

1. Vide order dated February 29, 2012 learned Single Judge has relied upon an earlier decision ofanother learned Single Judge which was upheld by aDivision Bench ofthis Court inLPA 839/2011 decided onNovember 29,2011.

2. Admittedly, the decision ofthe learned Single Judge as upheld by the Division Bench has since been overruled by the Supreme Court in the decision reported as 2013 (2) SCALE 394 Rajva Sabha Secretariat &Ors^ vs. Subha'^h Raloda & Ors.

3. Accordingly, the appeals stand disposed ofsetting aside the impugned order dated February 29, 2012 and as a consequences we dismiss WP(C) 8355/2011, WP(C) 7025/2011 and WP(C) 8357/2011.

4. No costs.

PRADEEP NAIWRAJOG, J. V. KAMESWAiR RAO, J. AUGUST 26, 2013/skb ^0/2