Mukul Kumar v. Government Of NCT Of Delhi & ANR.

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5837/2024, CM APPL. 24143/2024 MUKUL KUMAR .....Petitioner Through:

Mr. L.K. Singh, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ANR. .....Respondents Through:

Mr. Dhruv Rohatgi, Mrs. Chandrika Dixit and Mr.

Dhruv Kumar, Advocates for GNCTD.

Ms. Bani Dixit, Mr. Uddhav Khanna and Ms.

Kavita Chaturvedi, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 06.03.2025

O R D E R

1.

The present petition has been filed by the petitioner assailing the Office Memorandum dated 05.04.2024 issued by the respondent no.1 whereby the request of the petitioner to recuse himself from the assignment of acting as Presenting Officer on behalf of the respondent no.1 in the Department Inquiry against Mr. Andy Sehgal, Assistant Public Prosecutor vide application dated 10.01.2024, has been declined. 2.

During the course of hearing, attention is drawn to a letter dated 05.01.2024 addressed by the respondent no.2 to the Deputy Secretary (Home-DOP), Home Department/DOP Branch, Government of National Capital Territory of Delhi, wherein, it has been stated as under :- OFFICE OF DIRECTOR OF PROSECUTION: DELHI GOVT. OF NCT OF DELHI: TIS HAZARI COURTS COMPLEX: DELHI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.F.2(732) /DOP/ Admin/2019/Part- l/ 85 Dated: 05.01.2024 To The Deputy Secretary (Home-DOP), Home Department/DOP Branch, GNCTD, 5th Delhi Secretariat, IP Estate, Level 'C' wing, New Delhi.

Sub: Disciplinary proceedings under rule 14 of CCS (CCA) Rules, 1965 against Sh. Andy Sehgal, Assistant Public Prosecutor, Directorate of Prosecution, GNCT of Delhi-reg.

Sir, I am directed to forward the name of the following officers of this Directorate, to approve the name of One officer out of the following officer for appointment as presenting officer in the subjected matter, as the Sh. Mukul Kumar, Addl.PP/ PO has requested to replace the other officer for presenting officer (copy enclosed ).

This issues with the prior approval of the Director of Prosecution, GNCTD.

Yours faithfully Encl: As above.

SD/- (GHANSHYAM SRIVASTAVA ) HEAD OF OFFICE"

3.

In the circumstances, after some hearing, with the consent of the respective counsel, it is directed that any one of the persons referred to in the aforesaid communication dated 05.01.2024 shall be appointed as the Presenting Officer in place of the petitioner. 4.

Let the requisite order be issued by the concerned respondent in this regard expeditiously.

5.

The present petition is disposed of in the above terms. Pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application also stands disposed of.

6.

It is made clear that this order has been passed in the peculiar facts and circumstances of the present case.

SACHIN DATTA, J MARCH 6, 2025/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.