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High Court of DelhiCM(M)/697/2018

Inspector Ajay Sharma v. State Of NCT Of Delhi

2018-07-11Hon'Ble Mr. Justice J.R. Midha2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 697/2018 INSPECTOR AJAY SHARMA Petitioner Through:

Mr.Paritosh Anil and Mr.C.K.

Sharma, Advocates versus STATE OF NOT OF DELHI Respondent Through:

Mr.Rishikesh Kumar, Additional Standing Counsel

CORAM:

HON'BLE MR.

JUSTICE J.R. MIDHA

ORDER

% 11.07.2018 1.

Issue notice. Learned counsel for the respondent accepts notice. 2.

The petitioner has challenged the order dated 12^^ October, 2017 passed by the Claims Tribunal to the extent that cost of Rs. 1,000/- was imposed on the petitioner by the Claims Tribunal. 3.

Learned counsel for the petitioner submits that the petitioner had deputed SI Gajender Singh to file the medical report of the injured before the Claims Tribunal but SI Gajender Singh marked the same to HC Narender Dhama without informing to the petitioner due to which there was delay in filing the report before the Claims Tribunal. It is submitted that the petitioner on becoming aware that cost of Rs. 1,000/- has been imposed by the Claims Tribunal, conducted an enquiry and filed a detailed report to the ACP concerned on 03'^'' November, 2017, copy whereof has been placed on record as Annexure-C.

4.

This Court is of the view, there is no infirmity in imposing of the cost By:AMULYA of Rs. 1,000/- on the Delhi Police for the delay in filing the report but the

direction to recover from the same from the salary of the petitioner does not appear to be justified.

5.

Learned counsel for the respondent submits that the department has already deducted Rs. 1,000/- form the salary of the petitioner. 6.

Learned counsel for the petitioner submits that the department can be directed to refund the amount back to the petitioner. 7.

This petition is allowed, the direction of the Claims Tribunal to deduct the cost of Rs. 1,000/- from the salary of the petitioner is hereby set aside and the department is directed to refund the cost of Rs. 1,000/- to petitioner within four weeks from today.

8.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

L MIDHA, J.

JULY 11,2018 ds