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CM(M)697/2018
INSPECTOR AJAY SHARMA Petitioner
Through: Mr.Paritosh Anil and Mr.C.K.
Sharma,Advocates
Through: Mr.Rishikesh Kumar, Additional Standing Counsel
11.07.2018
ORDER
1. Issue notice.Learned counselfor the respondent accepts notice.
2. The petitioner has challenged the order dated 12^^ October, 2017 passed by the Claims Tribunal to the extent that cost of Rs.1,000/- was imposed on the petitioner by the Claims Tribunal.
3. Learned counsel for the petitioner submits that the petitioner had deputed SI Gajender Singh to file the medical report ofthe injured before the Claims Tribunal but SI Gajender Singh marked the same to HC Narender Dhama without informing to the petitioner due to which there was delay in filing the report before the Claims Tribunal.It is submitted that the petitioner on becoming aware that cost ofRs.1,000/- has been imposed by the Claims Tribunal,conducted an enquiry and filed a detailed report to the ACP concerned on 03'^'' November,2017,copy whereofhas been placed on record as Annexure-C.
4. This Courtis ofthe view,there is no infirmity in imposing ofthe cost of Rs.1,000/- on the Delhi Police for the delay in filing the report but the 2018:DHC:9311 direction to recover from the same from the salary ofthe petitioner does not appearto bejustified.
5. Learned counsel for the respondent submits that the department has already deducted Rs.1,000/- form the salary ofthe petitioner.
6. Learned counsel for the petitioner submits that the department can be directed to refund the amount back to the petitioner.
7. This petition is allowed,the direction ofthe Claims Tribunal to deduct the cost ofRs.1,000/-from the salary ofthe petitioner is hereby set aside and the department is directed to refund the cost of Rs.1,000/- to petitioner within four weeksfrom today.
8. Copy of this order be given dasti to counsels for the parties under signatures ofthe Court Master. L MIDHA,J. JULY 11,2018 ds