Roshan Lal Tikoo v. Commissioner of Police & Anr

Delhi High Court · 20 Aug 2019 · 2019:DHC:4078-DB
Chief Justice D.N. Patel; C. Hari Shankar
LPA 290/2019
2019:DHC:4078-DB
administrative appeal_dismissed

AI Summary

The Delhi High Court directed the Commissioner of Police to decide the appellant's show cause notice in accordance with law and maintain status quo until such decision, dismissing the appeal with these directions.

Full Text
Translation output
LPA 290/2019
HIGH COURT OF DELHI
Date of Decision: 20.08.2019
LPA 290/2019
ROSHAN LAL TIKOO ..... Appellant
Through: Mr. Nishit Kush & Ms. Asma Mubeen, Advs.
VERSUS
COMMISSIONER OF POLICE & ANR ..... Respondents
Through: Mr. Ramesh Singh, SC with Mr.Ankur Chibbar & Mr. Ishan Agrawal, Advs. for R-1
Mr. Ajay Digpaul, CGSC for R-2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)

1. The challenge in this appeal is a notice issued by the respondent No.1 dated 25th March, 2019 which is an eviction notice upon the appellant (original petitioner). Learned counsel for the appellant suggests that this appeal could be disposed of, with a direction to the respondent to decide the show cause notice dated 27th March, 2019 issued by respondent No.1 in accordance with law, rules, regulations and Government policy applicable to the facts of the present case after considering the decision rendered by Division Bench of this Court in Ravinder Kumar Wali vs. Union of India & Ors. (2019) 259 DLT 244 (DB). 2019:DHC:4078-DB LPA 290/2019

2. In view of this limited submission and having heard the counsel for the respondent No.1, we hereby direct respondent No.1 to decide the show cause notice dated 27th March, 2019 (page 26 to the memo of this appeal), issued by the respondent No.1 to this appellant. This show cause notice will be decided by respondent No.1 in accordance with law, rules, regulations and Government policy applicable to the facts of the present case after giving an adequate opportunity of being heard to this appellant and also keeping in mind the decision rendered by this Court in Ravinder Kumar Wali (supra). CM APPL. 20433/2019 (Interim relief)

3. Status quo granted by this Court vide order dated 1st May, 2019 shall continue to be operative till the show cause notice is decided by respondent No.1. Counsel appearing for respondent No.1 has agreed to continue with the status quo during the pendency of the show cause notice before respondent No.1.

4. The application stands disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J AUGUST 20, 2019 ns