High Court of DelhiW.P.(C)/3863/2023

Ramesh Kumar v. Delhi Transport Corporation And ORS

2024-03-11Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Mr. Justice Rajnish Bhatnagar2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3863/2023 RAMESH KUMAR ..... Petitioner Through:

Mr. Suresh Sharma, Adv.

versus DELHI TRANSPORT CORPORATION AND ORS ..... Respondent Through:

Mr. Nishit Kush, Mr. Siddharath Sikri and Ms. Kirti Singh, Advs. for R-1.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 11.03.2024

1. The present petition under Article 226 & 227 of the Constitution of India seeks to assail the order dated 22.02.2023 passed by the learned Central Administrative Tribunal (Tribunal) in O.A. No. 425/2019. Vide the impugned order, the learned Tribunal has disposed of the petitioner's/applicant's O.A. by directing the respondents to treat the O.A. as the petitioner's representation and pass a reasoned and speaking order, after granting an opportunity of hearing to the petitioner.

2. Even though, we find that this was not a very satisfactory manner in which the learned Tribunal being an adjudicatory Court exercising original jurisdiction, should pass orders, taking into account the time which has already elapsed since the passing of the impugned order, we are at this stage not delving into the merits of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:53:37

the impugned order, and are disposing of the petition by directing the respondents to comply with the directions issued in the impugned order within a period of six weeks from today.

3. It is, however, made clear that while passing a fresh order, after granting an opportunity of hearing to the petitioner, the respondents will take into account the decision of the Apex Court in State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors., (2015) 4 SCC 334 on which the petitioner is heavily relying.

4. Needless to state, in case the petitioner is still aggrieved, it will be open for him to seek legal recourse as permissible in law. REKHA PALLI, J DHARMESH SHARMA, J MARCH 11, 2024 acm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/03/2024 at 11:53:37