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High Court of DelhiW.P.(C)/419/2018

Manish Sharma v. Lieutenant Governor, Delhi And ORS.

2018-01-16Cases Pertaining To Spl.Division Benches2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 419/2018 & CM Nos.1773-74/2018 MANISH SHARMA ..... Petitioner Through:

Mr.Ravi Kant Chadha, Sr.Advocate with Ms.Mansi Chadha, Advocate versus LIEUTENANT GOVERNOR, DELHI AND ORS.

..... Respondents Through:

Mr.Himmat Singh Shergill, Addl.

Standing Counsel for R-1/GNCTD Mr.Viraj R.Datar, Advocate with Mr.Archit Vashistha, Advocate for DHC/R-2

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 16.01.2018 1.

This is the second petition filed by the petitioner on the same cause of action. In the first petition filed by the petitioner [W.P.(C) No.11620/2017], an order dated 22.12.2017 was passed by us at the stage of admission itself directing the respondent No.2/DHC to consider and decide his representations dated 08.12.2017 and 16.12.2017 after taking into consideration a Circular issued by the DOPT, Govt. of India, within a period of three weeks, under intimation to the petitioner. 2.

Mr.Chadha, Senior Advocate appearing on behalf of the petitioner submits that despite the fact that the period of three weeks has expired on W.P.(C) 419/2018

13.01.2018, the respondent No.2/DHC has not communicated the decision taken on the petitioner's representation and hence the present petition. 3.

Mr. Viraj R.Datar, learned counsel for the respondent No.2/DHC, who appears on advance notice, states that the Competent Authority has considered the representations of the petitioner and rejected the same. 4.

That being the position, the petitioner will have to take all the grounds that may be available to him, both on facts and in law, if he proposes to assail the decision of the Competent Authority. 5.

Accordingly, the present petition is disposed of with a direction issued to the respondent No.2/DHC to communicate in writing the decision taken by the Competent Authority to the petitioner by 19.01.2018 so that he can examine the same and take appropriate legal recourse, as may be advised. 6.

The petition is disposed of along with the pending applications. HIMA KOHLI, J.

REKHA PALLI, J.

JANUARY 16, 2018 'pg'

W.P.(C) 419/2018