Arun Kumar Goel v. Union Of India

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 61/2018 ARUN KUMAR GOEL ..... Appellant Through Mr. Himanshu Gupta, Advocate.

versus UNION OF INDIA ..... Respondent Through Mr. Arun Bhardwaj, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 31.07.2018 CM APPL 6022/2018 (exemption) Exemption is allowed subject to all just exception. The application stands disposed of.

LPA 61/2018, CM APPLs 6021/2018 (stay) & 6023/2018 (additional documents) Challenge in this appeal is to the order dated 10.01.2018 passed by learned Single Judge of this Court by which, the writ petition has been disposed of granting leave to the appellant to approach the Central Administrative Tribunal.

After some hearing in the matter, counsel for the appellant submits that the appellant would approach the Central Administrative Tribunal and seeks a direction to the Tribunal to hear the matter unaffected by any of the observations made by learned Single Judge while disposing of the writ petition. Counsel for the appellant also prays that the Tribunal be requested to decide the question of jurisdiction and maintainability of the disciplinary proceedings expeditiously, as

the same would have a direct bearing on the proceeding, which are pending against him. He also prays that the matter should be heard expeditiously to which counsel for the respondent has no objection. Both counsels mutually agree that no unnecessary adjournments shall be taken.

We have heard the learned counsels for the parties, having regard to the stand taken, the present appeal is disposed of. We request the learned Tribunal to hear the petition, if so filed, expeditiously and decide the question of jurisdiction and maintainability of disciplinary proceedings at the first instance. The petition shall be decided unaffected by any observations made by the Single Judge.

Accordingly, the appeal alongwith CM APPLs 6021/2018 & 6023/2018 stands disposed of.

Dasti.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J JULY 31, 2018 ck/