R.C. Baijwan & Ors. vs Uoi & Ors.
2012 Latest Caselaw 576 Del

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14
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

        +      W.P.(C)No.567/2012 & CM Nos.1202-03/2012

%                             Date of decision: 27th January, 2012

R.C. BAIJWAN & ORS.                                     ..... Petitioners
                Through :        Mr. Suman Doval and
                                 Mr. Amit Kaushal, Advocates.

                     versus

UOI & ORS.                                          ..... Respondents
                     Through :   Mr. Baldev Malik and
                                 Mr. Arjun Malik, Advocates.

                          ORDER

%                         27.01.2012

ANIL KUMAR, J.
*

CM No.1203/2012 in W.P.(C)No.567/2012

Allowed, subject to just exceptions.

The application is disposed of.

W.P.(C)No.567/2012

Issue show cause notice to the respondents as to why rule nisi

be not issued.

This court has to issue show cause notice to the respondents

as learned counsel for the respondents is unable to assist the court,

on the ground that he did not get any instructions from the

respondents, though he had intimated the concerned officer who

has sent a constable who also does not know about the matter.

Reply to show cause notice be filed within two weeks.

Rejoinder, if any, be filed be three days before the next date of

hearing.

A copy of this order be sent to the Director General, ITBP.

List on 13th March, 2012.

CM No.1202/2012

Issue notice to the respondents. Mr. Baldev Malik, Advocate

accepts notice and seeks time to file the reply to the application.

Reply to the application be filed within two weeks. Rejoinder, if any,

be filed by three days before the next date of hearing.

List on 13th March, 2012.

Considering the facts and circumstances, deductions made

from the salary/pension of the petitioners are stayed subject to the

petitioners furnishing an undertaking within one week to the effect

that in case it is found that the amounts are due from the

petitioners and payable by them and will be deductable from their

salaries/pension, the petitioners shall also be liable to pay interest

at the rate of 9% per annum on such sums which are sought to be

recovered and deducted from their salaries/pension.

Dasti.

ANIL KUMAR, J.

J.R. MIDHA, J JANUARY 27, 2012 mk