Vijay @ Shanty v. State Of NCT Of Delhi

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 992/2019 VIJAY @ SHANTY ..... Petitioner Through:

Ms Neha Kapoor and Mr Mohit Bhodu, Advocates.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Ms Shivani Sharma, Advocate for Ms Richa Kapoor, ASC for State.

SI Avdhesh Kumar, PS Geeta Colony.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.11.2019 1.

The petitioner has filed the present petition, inter alia, impugning the punishments dated 23.05.2018 and 25.05.2018. The petitioner is present in Court and he states that on none of these dates, he was afforded a hearing. 2.

It is also stated that punishment tickets had not been provided to him at the material time. A status report has been filed, which indicates that the issue regarding imposition of punishment had been approved by the learned District and Sessions Judge on 09.08.2018.

3.

The petitioner further states that he was not present at the spot where the alleged incidents are stated to have occurred. Considering the petitioner's averment that he was not even present at the spot as alleged; this Court considers it apposite for the authorities to re-examine the issue of punishment, after affording the petitioner an opportunity to be heard and pass a fresh order.

4.

In the event the punishment is not confirmed, the same would be expunged from his record. Needless to state that in the event the punishment is confirmed, the same would be subject to the approval of the learned District and Sessions Judge.

5.

The petition is disposed of in the aforesaid terms. 6.

The order be communicated to the concerned jail authorities. VIBHU BAKHRU, J NOVEMBER 13, 2019 RK