Delhi Transport Corporation & ANR v. Sunil Kumar
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11899/2018 & CM APPL. 46106/2018 -Stay DELHI TRANSPORT CORPORATION & ANR ..... Petitioner Through:
Mrs. Avnish Ahlawat, Standing Counsel DTC with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advs.
versus SUNIL KUMAR ..... Respondent Through:
None.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 25.04.2024
1. The present petition under Article 226 of the Constitution of India seeks to assail the order dated 26.05.2017 passed by the learned Central Administrative Tribunal (Tribunal) in Original Application (O.A.) No. 17/2017. Vide the impugned order, the learned Tribunal has allowed the O.A. filed by the respondent.
2. None appears for the Respondent. The same has been the position for the last many dates.
3. Learned counsel for the petitioners submits that since, while issuing notice in the present petition, this Court had stayed the operation of the impugned order, the petitioners had, based on the directions issued by a Co-ordinate Bench on 13.08.2019 in a batch of petitions, 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 29/04/2024 at 12:40:45
including W.P.(C) 1111/2017, conducted a fresh medical examination of the respondent. After the respondent was again found medically unfit, he was, after being served with a Show Cause Notice, yet again dismissed from service. This dismissal order, she submits, has not been assailed by the respondent
4. In the light of the aforesaid, even though none appears for the respondent, we are of the considered view that since the petitioners have already, after getting the respondent medically examined again, dismissed him from service; the directions issued in the impugned order have become infructuous and cannot now be implemented. The petition is, accordingly, disposed of by making it clear that the impugned order will no longer be enforceable. REKHA PALLI, J SAURABH BANERJEE, J APRIL 25, 2024 acm 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 29/04/2024 at 12:40:45