G P Kumawat v. Govt Of NCT Of Delhi & ORS

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 748/2017, C.M. No. 42839/2018 & C.M. No. 15094/2018 G P KUMAWAT ..... Appellant Through:

Mr. Ramesh Kapur, Senior Advocate with Mr. Manish Kumar and Mr.

Ananth, Advocates.

Appellant in person.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Vinay Sabharwal, Advocate for Respondent Nos. 2,3 and 5.

Mr. Ravinder Agarwal, Advocate for Respondent No.4.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 07.01.2019

1. The Appellant has approached this Court challenging an order dated 20th September, 2017 passed by the learned Single Judge dismissing the Writ Petition (Civil) No. 8378/2017 as well as an order dated 3rd November, 2017 dismissing Review Petition No. 457/2017 in Writ Petition (Civil) No. 8378/2017.

2. The Appellant approached the learned Single Judge seeking the quashing of a charge sheet issued to him on 19th October, 2016 by his employer at the relevant time i.e. the Indraprastha Power Generation Company Limited (IPGCL) at a stage when the disciplinary proceedings were still under progress.

3. After addressing arguments for some time, Mr. Raman Kapur, learned senior counsel appearing for the Appellant, on instructions from the Appellant who is present in Court, seeks leave to withdraw not only the present appeal but even the writ petition and the review petition before the learned Single Judge with liberty to urge all the pleas raised in the writ petition, review petition and in present memorandum of appeal before the Enquiry Officer appointed by the Central Vigilance Commission by an order dated 23rd February, 2017 including raising the issue of jurisdiction of the Enquiry Officer to hold the enquiry. The only request that Mr. Kapur makes is that time bound directions should be issued for completion of the enquiry.

4. In that view of the matter while permitting the Appellant to withdraw the writ petition, review petition and the present appeal, this Court directs the Enquiry Officer to conclude the enquiry within a period of six months from today subject further to the condition that neither IPGCL nor the Appellant will seek unnecessary adjournments before the Enquiry Officer and will cooperate in the enquiry. All the contentions of both parties are reserved to be raised at the appropriate stage.

5. The present appeal along with the pending applications as well as Writ

Petition (Civil) No. 8378/2017 and Review Petition No. 457/2017 are dismissed as withdrawn with liberty as prayed for in the above terms. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 07, 2019 ss