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High Court of DelhiW.P.(C)/4301/2018

Union Of India And ANR v. Tanmoy Kumar Das

2018-04-27Hon'Ble Mr. Justice Sunil Gaur2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4301/2018 & CMs 16730 & 16738/2018 UNION OF INDIA AND ANR ..... Petitioners Through:

Mr.Jagjit Singh and Mr. Ashok Singh, Advocates versus TANMOY KUMAR DAS & ORS.

.....Respondents Through:

Nemo

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 27.04.2018 The Chief Commissioner for Persons with Disabilities vide impugned order of 23rd June, 2017 (Annexure P-1) has directed petitioners to transfer first respondent to a place near his home under Eastern Railway in the same capacity and allot him work which suits his disability and to submit compliance report within two months. Learned counsel for petitioners assails impugned order while relying upon Supreme Court's decision in State Bank of Patiala and Others v. Vinesh Kumar Bhasin, (2010) 4 SCC 368 to submit that the Chief Commissioner has no power/jurisdiction to issue such like directions.

Despite service of advance notice, none appears on behalf of first respondent.

Since no reminder has been received by petitioners from the Chief Commissioner for Persons with Disabilities to submit compliance report, W.P.(C) 4301/2018

therefore, in view of Supreme Court's decision in Vinesh Kumar Bhasin (supra), petitioners are under no obligation to comply with the impugned order.

With aforesaid clarification, this petition and the applications are disposed of.

(SUNIL GAUR) JUDGE APRIL 27, 2018 s W.P.(C) 4301/2018