Daley Singh vs Municipal Corporation Of Delhi
2011 Latest Caselaw 1980 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CM No. 581/2011 & W.P.(C) No.6757/2010


%                    Date of Decision: 05.04.2011


DALEY SINGH                                           ..... Petitioner
                          Through :   Mr. R. Tanwar, Advocate

                     versus

MUNICIPAL CORPORATION OF DELHI                .... Respondent
                   Through : Ms. Biji Rajesh for Mr. Gaurang
                             Kanth, Advocate

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL

1.    Whether Reporters of local papers may be allowed
      to see the judgment ? No
2.    To be referred to the Reporter or not? No
3.    Whether the judgment should be reported in Digest? No


ANIL KUMAR, J.

An application has been filed by the petitioner to produce

annexure A-1 to Annexure A-5 which are copies of judgment dated

31.07.2003, copy of order dated 27.01.2004, copy of MCD Note no.33

dated 14.01.2004, copy of diary page dated 13/14.10.2003 and copy of

reply dated 10.09.2004 to the charge-sheet.

Admittedly these documents were not filed before the Tribunal.

The respondent has also challenged the correctness and veracity of Note

no.33 dated 14.01.2004 and copy of diary page dated 13/14.10.2003.

Since these documents were not before the Tribunal and were not

considered by the Tribunal, it will not be appropriate for this Court to

give any findings in respect of these documents.

In the facts and circumstances, the learned counsel for the

petitioner, after some arguments, on instructions seeks to withdraw the

writ petition with liberty to approach the Central Administrative

Tribunal, Principal Bench, New Delhi to produce these documents in

accordance with law by filing appropriate application for impugning the

order dated 10.11.2009 passed in T.A. No.730/2009 titled as Daley

Singh v. Municipal Corporation of Delhi.

The writ petition is, therefore, dismissed as withdrawn with liberty

as prayed for in accordance with law. All the pending applications are

also disposed of.

ANIL KUMAR, J.

VEENA BIRBAL, J.

APRIL 5, 2011 srb