Delhi High Court
Sidbi & Anr. vs Amit Pande on 13 July, 2018
$~2
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 240/2016 & CM NoS.13465-66/2016
% Date of decision : 13th July, 2018
SIDBI & ANR. ..... Appellants
Through : Mr. Ashish Azad, Adv.
versus
AMIT PANDE ..... Respondent
Through : Mr. Pradeep Chhindra, Adv.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
LPA No.240/2015
1. The instant intra-court appeal has been filed assailing the order
dated 17th November, 2015 passed by the learned Single Judge
dismissing W.P.(C) No. 7679/2010 Small Industries Development
Bank of India v. Amit Pande. By this writ petition, the appellant
herein had impugned the order dated 15th June, 2010 of the Central
Information Commission (CIC) constituted under the Right to
Information Act, 2005 allowing a second appeal filed by the
respondent directing the Small Industries Development Bank of India
(SIDBI) to provide to the respondent the following information :
"(a) the note sheets containing the proposal to institute
disciplinary proceedings against the respondent,
(b) the Performance Appraisal Reports of the
respondent recorded for each year from the date of his
appointment with the petitioner SIDBI and till his
termination as well as
(c) the correspondence if any between the petitioner
SIDBI and the M.P. Housing Board and the report /
note sheets prepared on the basis of visits of the officials
of the petitioner SIDBI to the M.P. Housing Board."
2. The impugned order records the observations of the learned
Single Judge that the respondent was a resident of Gwalior who had
appeared in the matter on 17th March, 2011, tendered his reply and
thereafter has not been appearing before the court. The CIC had heard
the respondent via video conferencing.
3. The respondent has not appeared before this court. We have
however, been carefully taken through the record by learned counsel
for the appellants. We have given our considered thought to the
matter. We find that during the pendency of the writ petition, the
learned Single Judge was informed that the issues raised in the case
were similar to those pending consideration before the Division Bench
in LPA No. 714/2010, titled State Bank of India v. Mohd. Sahjahan.
4. Another LPA No.22/2015 filed by SIDBI on similar issues
being Small Industries Development Bank of India v. Randolph
Rowe was also tagged alongwith LPA No. 714/2010.
5. As these appeals were pending before the Division Bench,
W.P.(C) No. 7679/2010 was adjourned for several years till the same
was taken up for consideration on 17th November, 2015. Inasmuch as
the issues involved in the writ petition were identical to those pressed
by SIDBI in LPA Nos.22/2015 and 714/2010, the learned Single
Judge was of the opinion that the writ petition ought not to be
adjourned any further.
6. We find that counsel for SIDBI had fairly stated before the
learned Single Judge that in view of the judgment/order of the Single
Judge of this court which was assailed by way of the appeal being
LPA Nos.22/2015 and 714/2010, W.P.(C) 7679/2010 was liable to be
dismissed. In this background, by the impugned order dated 17 th
November, 2015, the learned Single Judge dismissed the writ petition
giving six weeks time to SIDBI from the date of receipt of the copy of
the order for complying with the orders impugned by it as well as to
enable SIDBI to approach the Division Bench for redressal.
7. SIDBI failed to file the present appeal within the period of
limitation and has filed CM No. 13466/2016 seeking condonation of
97 days delay in filing the present appeal.
8. We may note that so far as LPA No. 714/2010 State Bank of
India v. Mohd. Sahjahan was concerned, the same raised identical
issues as have been raised by the appellants herein. LPA No.
714/2010 was dismissed by us by our order dated 9th May, 2017.
9. Aggrieved by the dismissal of the writ petition, Special Leave
Petition being SLP(C) No. 22065/2017 was filed by the State Bank of
India before the Supreme Court which has been dismissed by the
order dated 4th September, 2017.
10. LPA 22/2015 SIDBI v. Randolph Rowe is also listed before us
today and by a detailed reasoned order placing reliance on the
pronouncement in SBI v. Mohd. Sahjahan, we have dismissed LPA
No. 22/2015 by a separate order recorded today.
11. In view of the above facts and circumstances, for the reasons
recorded in our order dated 9th May, 2017 dismissing LPA No.
714/2010 and today's order dismissing LPA No.22/2015, the present
appeal also deserves to be rejected.
12. In view thereof, we direct as follows :
(i) The delay in filing the appeal is condoned. CM No.
13466/2016 is hereby allowed.
(ii) LPA No. 240/2016 is found devoid of any legal merit and
is hereby dismissed.
(iii) SIDBI shall ensure compliance of the order of the CIC
within six weeks from today.
(iv) Copy of this order be sent to Sh. Amit Pande, the
respondent herein by the Registry.
CM No.13465-66/2015
In view of the orders passed in the appeal, these applications do
not survive for adjudication and are hereby dismissed.
ACTING CHIEF JUSTICE
V. KAMESWAR RAO, J
JULY 13, 2018/kr
