Bishamberdutt v. GNCT of Delhi and Ors.

Delhi High Court · 08 Nov 2016 · 2016:DHC:8675
Valmiki J. Mehta
W.P.(C) 4119/2016
2016:DHC:8675
administrative petition_allowed

AI Summary

The Delhi High Court disposed of writ petitions by ordering replacement of an enquiry officer above 70 years of age with a new officer, allowing the petitioners to participate in the enquiry.

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HIGH COURT OF DELHI
SHRI K.K. YADAV • , .....Petitioner
Through: Mr. S.uresh Tripathy, Advocate.
VERSUS
GdVT. OF NOT OF DELHr& QRS. ^ , ' Through: ..... Respondents
Mr. Prabhsahay Kaur, ASC, (GNCTD) for
R-1. . . •- . .
Mr. Sandeep Prabhakar, with Mr. Sanjay.
Rawat and Mr. Vikas Mehta, Advocates for R-2to'5.
W.P:(C)4119/2016 & CMNo. 41447/2016(for stay)
BISHAMBERDUTT Petitioner
Through: Mr. Suresh Tripathy, Advocate.
VERSUS
GNCT OF DELHI AND QRS Respondents
Through: , Mr. Prabhsahay Kaur, ASC (GNCTD) for
^ ' R:1.' . _ ; V- - Mr. Sandeep Prabhakar with, Mr. Sanjay Rawat and Mr. Vikas Mehta, Advocates for
. ' '•:R-2to5.
CORAM:
HON'BLE MR. JUSTICE VALMIKIJ. MEHTA
08.11.2016
ORDER

1. These writ petitions involved two aspects. The first was with respect to who would be the Presenting Officer and the second aspectwhat could be the maximum age of enquiry officer i^e whether an enquiry officer could be more than 70 years. W.P.(C) 2472/2016 & conn. page 1 of[2] !!•• 2016:DHC:8675 V

2. Counsel for the petitioners does not press the first aspect and counsel for the respondent no.2 states that without prejudice to the rights of the respondent no.2/BSES Yamuna Power Limited, in these cases the enquiry officer who is around 80 years will be changed and a new enquiry officer will be appointedwithin four weeks fromtoday.

3. Counsel for the petitioners statesthat petitioners will participate in the enquiry proceedings before the new enquiry officer and with respect to which intimation will be given by the respondent no.2 to the petitioners as also the present counsel for the petitioners including the date fixed in the enquiry proceedings.

4. The statement for changing of the enquiry officer is only qua these cases and since it is without prejudice to the rights of the respondent no.2/BSES Yamuna Power Ltd., this will not affect the defence of respondent no.2/BSES Yamuna Power Ltd. in other cases. < 5. The writ petitions are accordingly disposed of in terms of the aforesaid consent order. VALMIKIJ. MEHTA, J NOVEMBER 08, 2016