Bijender Singh vs The Commissioner Of Police And ...
2015 Latest Caselaw 8502 Del

$~29

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 10563/2015
                          Date of Judgment : 16th November, 2015

       BIJENDER SINGH                           ..... Petitioner
                Through : Dr. Kunal Sapra, Mr. Arun Kumar Sapra,
                            Advocates.
                     versus
       THE COMMISSIONER OF POLICE & ORS.        ..... Respondents
               Through : Mr. Satyakam, Additional Standing Counsel
                         for GNCTD.

CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

G. S. SISTANI, J. (ORAL)

CM APPL. No. 26728/2015 (Exemption)

1. Exemption allowed subject to all just exception.

2. Application stands disposed of.

W.P.(C) 10563/2015

3. While the petitioner was working with the Delhi Police as Head Constable, he was involved in an accident in the year 2006. Pursuant thereto a departmental enquiry was initiated against him in the year 2011. The findings of the Inquiry Officer were forwarded in the year 2012. Thereafter, the respondent No. 3 passed an order of punishment against the petitioner. An appeal filed against the order stands dismissed. Aggrieved by the order so passed, led to the filing of OA No. 430/2014 before the Tribunal.

4. Learned counsel for the petitioner submits that the Tribunal has failed to notice the submissions made and grounds raised by the petitioner in the OA while passing the impugned order dated 29.04.2015.

5. Mr. Satyakam, learned Additional Standing Counsel for GNCTD enters appearance on an advance copy.

6. We have heard the counsel for the parties and also examined the order dated 29.04.2015passed by the Tribunal which shows that the stand taken by the petitioner before us, is correct.

7. Accordingly, we remand the matter back to the Tribunal for fresh hearing and expect that the Tribunal would consider all the submissions and grounds raised by the petitioner, while deciding the matter. Parties to appear before the Tribunal on 2nd December, 2015.

8. Present writ petition stands disposed of in above terms.

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J NOVEMBER 16, 2015 gr