Hardip Singh Mann v. Union Of India & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6522/2019 HARDIP SINGH MANN ..... Petitioner Through Mr. Chetan Lokur with Mr. Nitish Chaudhary, Advs.

versus UNION OF INDIA & ANR.

..... Respondents Through Mr. Dilbag Singh, SCGS for UOI with Mr. Sumit Rajput, G.P. for UOI Ms. Manvi Gola, proxy for Mr.

Sanjay K. Sharma, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 31.05.2019 CM APPL. 27565/2019 (Exemption) Allowed, subject to all just exceptions.

This application is, accordingly, disposed of. W.P.(C) 6522/2019 Vide the present petition, the petitioner seeks directions as under:- "(a) Quash and set aside the Memorandum of Charge dated 20.07.2011 issued by the Respondent No. 1 and the Disciplinary Proceedings arising there from against the Petitioner herein (b)Consequently, direct the Respondents to release the retrial benefits of the Petitioner alongwith interest at the rate of 18% per annum since 22.07.2011, till the date of its actual disbursal".

It is not in dispute that the departmental proceedings were concluded against the petitioner and submitted before the Disciplinary Authority on 16.03.2012 by the Inquiry Officer. However, till date no decision has been taken on the inquiry report.

Keeping in view the averments made in the present petition and the submissions of learned counsel for the petitioner, I hereby direct the respondent no.1-Disciplinary Authority to take a final decision on the inquiry report mentioned above within four weeks from today, as per the procedure laid down, failing which it shall be deemed that respondent no.1 has accepted the inquiry report.

The petition is disposed of accordingly.

A copy of this order be given dasti to counsel for the parties under the signatures of the Court Master.

SURESH KUMAR KAIT, J MAY 31, 2019 ms