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High Court of DelhiW.P.(C)/1285/2019

Santhosh Kumar v. Union Of India And ORS.

2019-03-07Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1285/2019 SANTHOSH KUMAR ..... Petitioner Through Ms. Saahila Lamba, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through Mr.Rakesh Kumar, CGSC for R-1 to 3/UOI

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 04.12.2019 CM APPL. 44115/2019

1. Despite clear directions of this Court in para 4 of order dated 7th March, 2019, none of the timelines set therein have been adhered to by the Respondents. The Court has not even been shown the courtesy of the Respondents filing an application for seeking extension of timelines.

2. Today, learned counsel appearing on their behalf states that they should have filed such an application. From what has been told to us by the learned counsel for the Respondents, it appears that the files are continuously moving between the BSF, MHA and the DoPT and are in a state of perpetual motion.

3. All of this does not help the Court to understand why its order has not been implemented.

4. Notices are issued to the IG (Pers) Border Security Force (BSF), Joint Secretary (Police) in the MHA and the Director of DoPT to explain why they should not be proceeded against for wilful disobedience of the order dated 7th March, 2019 of this Court. All the three officers will remain present in person with the concerned records on the next date. Each of them will file an affidavit in response to the notice by the next date.

5. In case, there is a compliance with the directions issued on 7th March, 2019 by that date the officers need not be present to proceed with the matter. However, a compliance report shall be filed before the next date.

6. List on 15th January, 2020. A certified copy of this order be delivered by Special Messenger forthwith to the IG (Pers) Border Security Force (BSF), Joint Secretary (Police) in the MHA and the Director of DoPT for compliance.

S. MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 04, 2019/rr