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HIGH COURT OF DELHI
JUDGMENT
HYDROCON ENGINEERS ….. Petitioner
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
Advocates who appeared in this case:
For the Petitioner: Mr. Nitin Jain and Akshay Mittal, Advocates.
For the Respondent: Mr. R.A. Iyer, Advocate with Mr. Vijay Kumar, ASO, DJB.
1. Petitioner impugns letter dated 15.11.2021, whereby petitioner has been required to submit his reply/clarification to the said letter failing which it is stated that appropriate action in accordance with the terms and conditions of contract agreement and work order shall be taken.
SANJEEV SACHDEVA, J. (ORAL)
2. Learned counsel for petitioner submits that earlier also a show cause notice dated 30.07.2021 was issued which was duly replied to on 05.08.2021 and the same was even followed by a legal notice dated 2021:DHC:3776 WP(C) 13172/2021 2 10.08.2021. He submits that till date no decision on the said show cause notice has been communicated. On the other hand, subject impugned notice has been received, alleging the same grounds.
3. Issue Notice. Notice is accepted by learned counsel for the Respondent. With the consent of parties, petition is taken up for final disposal today itself.
4. Learned counsel appearing for the respondent submits that no final order has yet been passed on the earlier show cause notice dated 30.07.2021.
5. Since petitioner is only impugning a letter calling for his response, the petition is pre-mature, however, keeping in view the facts and circumstances of the case, time given to the petitioner to respond to the impugned letter dated 15.11.2021, is extended by a further period of one week from today.
6. Petitioner shall file his response to letter dated 15.11.2021 within one week from today. On the response being filed, respondent shall proceed further in accordance with law and pass a speaking order, after giving an opportunity of hearing to the petitioner, and after taking into account the response given to the petitioner to the show cause notice dated 30.07.2021 and the response to be given by the petitioner to the subject impugned letter dated 15.11.2021. WP(C) 13172/2021 3
7. Petition is accordingly disposed of in the above terms. All rights and contentions of parties are reserved.
8. It is further directed that keeping in view the facts and circumstances of the case, in case an adverse order is passed, implementation of the same shall be deferred by a period of one week from the date of communication of the order.
9. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J. NOVEMBER 23, 2021 rk