Delhi Transport Corporation v. Narender Kumar

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6058/2024 DELHI TRANSPORT CORPORATION ..... Petitioner Through:

Ms. Avnish Ahlawat, SC, GNCTD with Mr. Nitesh Kumar Singh, Adv.

versus NARENDER KUMAR ..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 30.04.2024e CM APPL. 25116/2024 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 6058/2024, CM APPL. 25115/2024 -Stay

3. The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 22.12.2023 passed by the learned Central Administrative Tribunal (the Tribunal) in O.A. No. 3667/2023. Vide the impugned order, the learned Tribunal has partly allowed the O.A. filed by the respondent/applicant by directing the petitioner to get the respondent examined by a fresh Medical Board from one of the six approved medical institutions referred to in para 4 of the impugned order.

4. Learned counsel for the petitioner submits that the directions issued 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 02/05/2024 at 12:36:41

by learned Tribunal were wholly unwarranted as even from the medical certificate produced by the respondent himself, it was evident that he was medically unfit. She, therefore, prays that the impugned order be set aside.

5. Even though this plea of learned counsel for the petitioner appears to be attractive on the first blush, upon an examination of the impugned order, we find that the said directions had been issued with the consent of the learned counsel for the petitioner. We, therefore, find absolutely no reason to interfere with the impugned order, which is clearly a consent order. The writ petition is, accordingly, alongwith the accompanying applications, dismissed.

6. At this stage, learned counsel for the petitioner submits that since the consent before the learned Tribunal, was given by the learned counsel for the petitioner without seeking any instructions from the petitioner, the petitioner will be moving an application seeking recall of the impugned order before the learned Tribunal. We make it clear that if any such application is moved by the petitioner, the same will be considered by the learned Tribunal on its own merits. REKHA PALLI, J SAURABH BANERJEE, J APRIL 30, 2024 al 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 02/05/2024 at 12:36:41