Joginder Singh v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5341/2015 JOGINDER SINGH ..... Petitioner Through : Ms. Geetika Sharma, Advocate versus UNION OF INDIA & ORS ..... Respondents Through : Mr. Abhay Prakash Sahay with Mr. Brajesh Kumar, Advocates

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE V.P. VAISH

O R D E R

% 26.02.2016 CM No.7275/2016 (exemption) Allowed, subject to all just exceptions.

CM No.7274/2016 (by the petitioner u/Sec.151 CPC) 1.

The present application has been filed by the petitioner stating inter alia that instead of complying with the judgment dated 26.5.2015, whereunder the Director General, CISF was directed to resolve the issue, subject matter of the present petition, on the administrative side rather than proceeding for disciplinary action, the respondents have proceeded to issue an order dated 27.6.2015 calling upon the petitioner to put forward his defence against the investigation report submitted by the Investigation Officer, after concluding the departmental inquiry. 2.

Counsel for the petitioner states that immediately thereupon, the W.P.(C) 5341/2015

petitioner had submitted a representation to the respondents requesting them to stay their hands in view of the order dated 26.5.2015, but to no avail. She further states that after several representations remained pending at the end of the respondents, the petitioner had to file the present application. 3.

Notice.

Counsel for the respondents accepts notice and states that aggrieved by the judgment dated 26.5.2015, the respondents have preferred a SLP before the Supreme Court, registered as SLP(C)No.3138/2016 and the same is likely to be taken up for hearing after two weeks. He assures the Court that in the meantime, no coercive e action shall be taken against the petitioner on the basis of the notice dated 27.6.2015, issued by the Senior Commandant, CISF NTPC, Dadri Unit.

4.

Reply to the application be filed within four weeks, with an advance copy to the other side, who may file a rejoinder thereto within one week thereafter.

5.

List on 18th April, 2016.

HIMA KOHLI, J V.P. VAISH, J FEBRUARY 26, 2016 sk W.P.(C) 5341/2015