$~30
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 26.07.2022
+ W.P.(C) 10523/2022, CM APPL. 30387/2022 & CM APPL.
30388/2022
KAUSHAL SANGWAN ..... Petitioner
versus
COMPTROLLER AND AUDITOR GENERAL OF INDIA & ORS.
.....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Prashant Vaxish and Mr. Rishabh Sharma, Advocates
with petitioner in person.
For the Respondents: Dr. S.S. Hooda, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Pursuant to order dated 21.07.2022, additional documents have been filed by the petitioner.
2. Petitioner impugns order dated 10.06.2022 whereby, while issuing notice, Tribunal declined to grant any interim relief to the petitioner.
3. Learned counsel for the petitioner submits that since interim relief was not granted, petitioner would be prejudiced as he is liable to Signature Not Verified Digitally Signed By:VINOD KUMAR W.P.(C) 10523/2022 1 Signing Date:29.07.2022 16:30:14 be struck off strength. He submits that till date, as per his instructions, the formalities for striking off strength have not been completed by the respondents.
4. This is disputed by learned counsel for the respondents, who submits that the termination order has come into effect on 11.06.2022, and after 11.06.2022, petitioner has been struck off strength.
5. In these circumstances, learned counsel for the petitioner prays that a direction be issued to the Tribunal to expeditiously consider the case of the petitioner.
6. Learned counsel for respondents submits that he shall file his reply before the Tribunal, within three weeks.
7. In view of the above, the petition is disposed of requesting the Tribunal to expeditiously consider the case of the petitioner. Respondents shall file their reply to the Original Application before the Tribunal, within three weeks. Rejoinder thereto, if any, be filed by the petitioner before the next date of hearing of the Tribunal i.e., 22.08.2022.
8. Petition is disposed of in the above terms. The pending applications are also disposed of.
9. Learned counsel for the petitioner informs that petitioner has also filed an Original Application being O.A. No. 569/2022 impugning the action of the respondents in declining the petitioner to take the Subordinate Audit Services ('SAS') Examination. He submits that in case petitioner was to succeed in this Original Application, Signature Not Verified Digitally Signed By:VINOD KUMAR W.P.(C) 10523/2022 2 Signing Date:29.07.2022 16:30:14 petitioner would still be entitled to press his O.A. No. 569/2022.
10. He further submits that the subject O.A. 1627/2022 and O.A. No. 569/2022 are listed before the same bench, however, O.A. No. 569/2022 is listed on 29.07.2022.
11. Learned counsel for respondents submits that without prejudice to the stand that the said O.A. has become infructuous, they shall file their reply to the said O.A. also on merits, within three weeks.
12. The Tribunal is directed to consolidate the proceedings of both the Original Applications and take up both of them together on 22.08.2022.
13. Order Dasti under the signatures of Court Master.
SANJEEV SACHDEVA, J TUSHAR RAO GEDELA, J JULY 26, 2022/nd Signature Not Verified Digitally Signed By:VINOD KUMAR W.P.(C) 10523/2022 3 Signing Date:29.07.2022 16:30:14