Dr A K Jha vs Govt Of Nct Of Delhi & Ors.
2020 Latest Caselaw 2438 Del

#6
       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Judgment Delivered On: 18.08.2020

W.P.(C) 5379/2020

DR. A.K.JHA                                            .....Petitioner
                              versus

GOVT. OF NCT OF DELHI AND ORS ......Respondents

Advocates who appeared in this case:
For the Petitioner    : Dr. Vijendra Mahndiyan and Ms.Pallavi Awasthi,
                        Advocates.

For the Respondents   : Mrs. Avnish Ahlawat, Standing Counsel for GNCTD
                        with Mr.Nitesh Singh, Advocate.

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
                  JUDGMENT

SIDDHARTH MRIDUL, J. (via Video Conferencing)

The present matter has been taken up for hearing by way of

Video Conferencing on account of COVID-19 pandemic.

CM APPL.19382/2020 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

CM APPL.19382/2020 (Exemption)

The present application under Section 151 of the Code of Civil

Procedure, 1908 has been filed on behalf of the applicant/appellant

seeking exemption from filing attested affidavits in support of the

accompanying appeal, as well as, applications.

For the reasons stated in the application and in view of the

present prevailing situation, the same is allowed. The

applicant/appellant is allowed to file the duly signed and attested

affidavits within a period of one week from the date of resumption of

regular functioning of the Court.

With the above directions, the present application is disposed

of.

W.P.(C) 5379/2020 & CM APPL.19383/2020 (Interim relief)

1. After lengthy arguments, Dr. Vijendra Mahndiyan, learned

counsel appearing on behalf of the petitioner seeks leave to withdraw

this petition with liberty to file a representation, assailing the report

submitted by the Enquiry Officer dated 21.10.2019, before the

Disciplinary Authority, in accordance with law.

2. Leave and liberty granted.

3. If the petitioner files the requisite representation impugning the

report of the Enquiry Officer dated 21.10.2019 before the Disciplinary

Authority within two weeks from today, the latter shall consider the

same in accordance with the Rules, expeditiously and pass a reasoned

order thereupon after affording an opportunity to the petitioner of

being heard in person within eight weeks thereafter, under intimation

to latter.

4. Needless to state that it shall be open to the petitioner to raise all

legal issues as are available to him in his representation, as well as, in

the personal hearing afforded to him, before the Competent Authority.

5. No further directions are called for.

6. With the above directions, the writ petition is disposed of. The

pending application also stands disposed of.

7. A copy of this order be provided to the learned counsel for the

parties electronically and be also uploaded on the website of this Court

forthwith.

SIDDHARTH MRIDUL, J

TALWANT SINGH, J

AUGUST 18, 2020 dn/mr

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