North Delhi Municipal Corporation & ORS v. Gainda Ram

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1624/2017 NORTH DELHI MUNICIPAL CORPORATION &ORS... Petitioners Through Mr. Gaurang Kanth, Advocate.

versus GAINDA RAM & OHERS ..... Respondents Through Nemo.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.02.2017 We have heard the learned counsel for the petitioners in this writ petition, which impugns the order dated 14th February, 2017 passed by the Principal Bench of the Central Administrative Tribunal. 2.

Learned counsel for the petitioners submits that the learned Tribunal has already formed and given their final finding and has made specific reference to paragraph 11. We do not find any merit in the said contention because paragraphs 12 and 13 of the impugned order are categorical. Paragraph 12 records that the learned Tribunal had formed a prima facie opinion and had asked the respondents to show cause why they should not be held guilty for contempt as there was wilful disobedience of the orders of the Tribunal. Accordingly, the Tribunal had directed the respondents to submit their reply, etc. Tribunal has not finally adjudicated and decided the controversy and the contempt petition. It is open to the petitioners, to show

and establish that there was no violation or wilful disobedience. 3.

Learned counsel for the petitioners submits that the respondent Nos. 1 to 4 have been asked to appear in person. It is open to the petitioners to move an appropriate application seeking exemption from personal appearance before the Tribunal. We hope and trust if any such application is filed, due consideration will be given.

The writ petition is disposed of.

Dasti under signature of the Court Master.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J.

FEBRUARY 22, 2017 VKR