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W.P.(C) 5568/2018
HIGH COURT OF DELHI
Date of Order: May 23, 2018 W.P.(C) No. 5568/2018 & CM Nos. 21680-81/2018
SH. MOHD. SUHAIB ..... Petitioner
Through: Mr. Ashwin Vaish, Mr. Vinod Kumar Pandey and Mr. Kunal Awana, Advocates
HIGH COURT OF DELHI
Date of Order: May 23, 2018 W.P.(C) No. 5568/2018 & CM Nos. 21680-81/2018
SH. MOHD. SUHAIB ..... Petitioner
Through: Mr. Ashwin Vaish, Mr. Vinod Kumar Pandey and Mr. Kunal Awana, Advocates
VERSUS
TRIFED & ANR. .....Respondents
Through: Mr. Arun Bhardwaj, CGSC and Mr. Gaurav Rohilla, Advocates for
UOI
Through: Mr. Arun Bhardwaj, CGSC and Mr. Gaurav Rohilla, Advocates for
UOI
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
By way of this writ petition, a mandamus is sought to first respondent to conclude the departmental proceedings within a period of six months. Vide Memorandum of 11th December, 2015, (Annexure P-9), departmental proceedings were initiated against petitioner who vide communication of 8th October, 2015 (Annexure P-8) had sought dropping of the disciplinary proceedings.
Learned counsel for petitioner submits that in September, 2015, charge-sheet was served upon petitioner and thereafter, vide e-mail
Representations of 7th June, 2017; 7th July, 2017; 18th July, 2017 and 30th July, 2017, petitioner had sought appointment of Inquiry Officer, but till date, no response has been received from the first respondent.
2018:DHC:3417
By way of this writ petition, a mandamus is sought to first respondent to conclude the departmental proceedings within a period of six months. Vide Memorandum of 11th December, 2015, (Annexure P-9), departmental proceedings were initiated against petitioner who vide communication of 8th October, 2015 (Annexure P-8) had sought dropping of the disciplinary proceedings.
Learned counsel for petitioner submits that in September, 2015, charge-sheet was served upon petitioner and thereafter, vide e-mail
Representations of 7th June, 2017; 7th July, 2017; 18th July, 2017 and 30th July, 2017, petitioner had sought appointment of Inquiry Officer, but till date, no response has been received from the first respondent.
2018:DHC:3417
W.P.(C) 5568/2018
Despite service of advance notice, there is no representation on behalf of first respondent.
In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition and applications with permission to petitioner to make a fresh concise Representation to first respondent regarding the status of the disciplinary proceedings initiated against petitioner way back in the year 2015. If any such Representation is received by the first respondent, then it be effectively dealt with and a speaking response thereto, be given by first respondent within a period of eight weeks and fate of the Representation be made known to petitioner within two weeks thereafter, so that petitioner may avail of the remedies, as available in law, if need be.
First respondent be apprised of this order forthwith, to ensure its compliance.
With the aforesaid directions, this petition and the applications are accordingly disposed of.
Copy of this order be given dasti to petitioner’s counsel.
(SUNIL GAUR)
JUDGE
MAY 23, 2018 p 2018:DHC:3417
Despite service of advance notice, there is no representation on behalf of first respondent.
In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition and applications with permission to petitioner to make a fresh concise Representation to first respondent regarding the status of the disciplinary proceedings initiated against petitioner way back in the year 2015. If any such Representation is received by the first respondent, then it be effectively dealt with and a speaking response thereto, be given by first respondent within a period of eight weeks and fate of the Representation be made known to petitioner within two weeks thereafter, so that petitioner may avail of the remedies, as available in law, if need be.
First respondent be apprised of this order forthwith, to ensure its compliance.
With the aforesaid directions, this petition and the applications are accordingly disposed of.
Copy of this order be given dasti to petitioner’s counsel.
(SUNIL GAUR)
JUDGE
MAY 23, 2018 p 2018:DHC:3417
JUDGMENT