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High Court of DelhiCONT.CAS(C)/732/2018

Om Prakash Singh v. Himanshu Gupta

2018-10-29Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice A. K. Chawla2 pages

$~14& 15 *

IN THE HIGH COURT

OF DELHI AT NEW DELHI + CONT.CAS(C) 708/2018 SANJEEV KUMAR SINGH Through:

Petitioner Mr. A.K. Seth, Mr. Chinmaya Seth and Mr. Ekansh Mishra, Advocates.

versus Respondent Mr.

Arun Bhardwaj, CGSC with Mr.Nikliil Bhardwaj, Mr. Shashwat Sharma and Mr.

Prateek Rai, Advocates.

AND HIMANSHU GUPTA Through:

+ CONT.CAS(C) 732/2018 OM PRAKASH SINGH Through:

Petitioner Mr. A.K. Seth, Mr. Chinmaya Seth and Mr. Ekansh Mishra, Advocates.

versus Respondent Mr.

Arun Bhardwaj, CGSC with Mr.Nildiil Bhardwaj, Mr. Shashwat Sharma and Mr.

Prateek Rai, Advocates.

HIMANSHU GUPTA Through:

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

ORDER

% 29.10.2018 We have heard learned counsel.

The petitioners preferred the contempt petitions alleging nonCertify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

compliance of the order dated 29.11.2016 made by the Division Bench ordering that the impugned order of the Central Administrative Tribunal, Principal Bench, New Delhi should be complied with. The petitioners allege non-compliance of the said order on the premise that though their cases were considered by the review DPC, the sealed cover procedure has been followed. Their submission is that since the respondents had not issued any charge-sheet on the date when the original DPC met, the sealed cover procedure could not have been adopted in holding the review DPC. In our view, since the review DPC considered the candidature of the petitioners, it cannot be said that there is no compliance of the Tribunal's order dated 29.11.2016.

It is a different matter that the consideration of the petitioners has been placed in sealed covers. In case the petitioners are aggrieved by the adoption of the sealed cover procedure on any ground, it is open to them to agitate their grievance separately before the Tribunal. The petitions are accordingly dismissed.

PIN SANGHI, J He A. K. CHAWLA, J OCTOBER 29, 2018 nn