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High Court of DelhiW.P.(C)/7348/2018

Sh. Ashok Kumar v. Indian Institute Of Technology, New Delhi

2018-10-122 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7348/2018 SH. ASHOK KUMAR ..... Petitioner Through : Mr. Sanjay Kumar and Mr. Ayush Sharma, Advocates versus INDIAN INSTITUTE OF TECHNOLOGY, NEW DELHI ..... Respondent Through : Mr. T. Singhdev, Ms. Biakthansangi Das, Ms. Amandeep Kaur and Mr. Tarun Verma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 12.10.2018 CM No. 42607/2018 This exemption application is dismissed.

W.P.(C) 7348/2018 & CM No. 42584/2018 Vide present petition, the petitioner seeks direction thereby to set aside inquiry and order dated 18.01.2018 passed by the Committee formed on 25.05.2016 by the Director of the respondent. It is not in dispute that the impugned order dated 18.01.2018 is passed by the Director of respondent, which is the Disciplinary Authority.

It is also not in dispute that the petitioner has statutory right to file appeal against the order passed by the Disciplinary Authority, which has not been availed by the petitioner.

In view of above, I hereby dispose of the present petition by giving liberty to the present petitioner to file appeal against the impugned order dated 18.01.2018 before the Appellate Authority. Needless to state, if the petitioner is still aggrieved by the order to be passed by the Appellate Authority, he may challenge the same before the appropriate forum.

Petition is accordingly disposed of.

The date already fixed for 11th February, 2019 stands cancelled. SURESH KUMAR KAIT, J OCTOBER 12, 2018 sr