Arun Kumar v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4694/2015 & CM No. 8495/2015 ARUN KUMAR ..... Petitioner Through :

Mr. M.S. Saini, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through :

Mr. Jagjit Singh, Mr. Preet Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.08.2016 Learned counsel for the petitioner submits at the outset that after the matter was disposed of by the Tribunal, he has been able to lay his hands upon certain documents which would support his case to show that he was working against the post of Head Clerk and thus, he would be entitled to notional promotion. He submits that since these documents were not before the Tribunal, the Tribunal could not have decided the matter in his favour. He submits that he may be granted an opportunity to place these additional documents on record before the Tribunal and the Tribunal may be requested to grant a fresh hearing to the petitioner after granting an opportunity to the respondents as well.

In view of above, learned counsel for the petitioner seeks leave to withdraw this petition with liberty to file an application for review before the Tribunal along with the additional documents.

We have heard counsel for the parties. To meet the ends of justice, we dispose of the writ petition with leave to the petitioner to file an application for review before the Tribunal along with the additional documents on record. In case, the review application is filed within a period of two weeks from today before the Tribunal, the respondents would not raise the plea of limitation. The Tribunal would hear the review application in the open court. This writ petition and the application stand disposed of in above terms.

G.S.SISTANI, J I.S.MEHTA, J AUGUST 11, 2016 j