S.P. Goswami v. Kendriya Vidyalaya Sangathan, The Commissioner

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1858/2014 S.P. GOSWAMI ..... Petitioner Through Mr. M.K.Bhardwaj, Advocate versus KENDRIYA VIDYALAYA SANGATHAN, THE COMMISSIONER ..... Respondent Through Mr. S.Rajappa with Mr. Dr. Puran Chand, Advocates

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 28.08.2017 C.M. No. 30918/2017 (waiver of costs) in WP(C) No. 1858/2014 Issue notice. Mr. S.Rajappa, learned counsel for respondent accepts notice.

By this application, the respondent seeks waiver of costs imposed vide order dated 22nd August, 2017 upon the respondent, since none appeared for the respondent, despite the matter being passed over and no reply have been filed to C.M. No. 19292/2017. Mr. S.Rajappa, is sought to explain his lapse in the matter. Having heard Mr. Rajappa as well as Mr. Bhardwaj and in view of the explanation given by counsel, the costs imposed are completely waived.

The application stands disposed of.

C.M. No. 19292/2017 (for execution of order dated 26.11.2015) We have heard learned counsel for the petitioner as well as Mr. Rajappa on behalf of the respondent. Mr. Rajappa on instructions submits that the compliance of the order passed by this court on 26th November, 2015 shall be made by the Commissioner, KVS. Therefore, the representation made by the petitioner in pursuance of the order dated 26th November, 2015 may be re-examined by the Commissioner, KVS, keeping in view of the facts and circumstances we have taken note of in the order dated 19th October, 2015 & 26th November, 2015. It is directed accordingly.

The order dated 17th February, 2017 passed by the Respondent KVS shall not come in the way of the Commissioner in taking an independent and just decision on the representation of the petitioner. The representation be decided by the commissioner within four weeks.

The application is disposed of.

VIPIN SANGHI, J REKHA PALLI, J AUGUST 28, 2017 mw