Bharat Sanchar Nigam Limited & ORS v. Banarsi Dass

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1792/2017 BHARAT SANCHAR NIGAM LIMITED & ORS ..... Petitioner Through Ms. Sangita Rai, Advocate for BSNL.

versus BANARSI DASS ..... Respondent Through Mr. Banarasi Dass, respondent in person.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 04.12.2017 1.

The petitioner BSNL seeks quashing of the order dated 30.11.2016 passed by the Central Administrative Tribunal, Principal Bench in O.A. No.3527/2013 wherein an application filed by him for seeking extension of time to comply with the order dated 31.5.2016 passed by the Tribunal was declined on the ground that the Tribunal had become functus officio after passing of the final order dated 31.05.2016.

2.

While issuing notice on the present petition on 28.02.2017, it was directed that the contempt proceedings initiated by the respondent against the petitioner/BSNL shall remain stayed.

3.

Pursuant to aforesaid notice, the respondent appears today and states that the petitioners have till date not complied with the directions issued by the Tribunal vide its order date 31.05.2016 whereunder, they were directed to expedite the disciplinary proceedings against him and complete the entire proceeding within three months from the date of receipt of the said order. W.P.(C) 1792/2017

4.

Learned counsel for the petitioner states on instructions that the departmental enquiry against the respondent stands concluded and the Enquiry Officer has submitted his Report dated 27.09.2017 to the Vigilance Department of BSNL and the said Department has in turn placed the matter before the Disciplinary Authority which shall be issuing appropriate notice to the respondent within two weeks from today. 5.

In view of the categorical submissions made hereinabove, no further orders are required to be passed in the present petition. A final opportunity of two weeks is granted to the petitioner to take further steps pursuant to receiving the Enquiry Report against the respondent, by issuing him a notice within two weeks from today.

6.

In the event the petitioner does not comply with the order of the Tribunal within the time granted by this Court, the respondent is granted liberty to approach the Tribunal for seeking revival of the contempt proceeding initiated by him.

7.

The petition is disposed of.

HIMA KOHLI, J REKHA PALLI, J DECEMBER 04, 2017/sr W.P.(C) 1792/2017