Delhi High Court
Vikash Kumar vs Ntpc Limited & Ors. on 31 August, 2020
#1
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 31.08.2020
LPA 228/2020, CM APPL. 20983/2020 (interim stay) & CM
APPL. 20985/2020 (Additional documents)
VIKASH KUMAR .....Appellant
versus
NTPC LIMITED & ORS. ......Respondents
Advocates who appeared in this case:
For the Appellant : Appellant in person
For the Respondents : Mr. Tushar Mehta, Solicitor General with Mr.
Aadarsh Tripathi, Mr. Anish Gupta and Mr.
Nikhil Kandpal, Advocates
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (Open Court - Via Video Conferencing)
CM APPL.20984/2020 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
LPA 228/2020
1. The present Letters Patent Appeal under Clause 10 of the
Letters Patent essentially assails the judgment and order dated
27.07.2020, passed by the learned Single Judge in W.P. (C) 4332/2020
titled as 'Vikash Kumar vs. NTPC Limited & Ors.', whereby the said
writ petition praying for quashing of the impugned memorandum
(charge sheet) dated 04.05.2020 and subsequent order dated
21.05.2020 was rejected.
2. After lengthy arguments, Mr. Vikash Kumar, the appellant, who
appears in person, limits the relief in the present appeal to a direction
to the Enquiry Officer to conduct the subject enquiry by strictly
observing the principles of natural justice.
3. In this behalf, we observe that, the learned Single Judge whilst
dismissing the subject petition directed as follows:
"9. Petitioner has raised certain objections to the
vagueness of the charges and also sought to
argue that the actions of Petitioner were in his
capacity as Convener and as per Rules. It
would be open to Petitioner to raise all these
issues in his defence, during the course of
enquiry. The contentions as well as
objections raised by Petitioner to the charge
sheet in the present petition are left open to
be raised by Petitioner at the appropriate
stage.
10. In so far as daily order sheets of the Inquiry
Officer are concerned, same will be sent to
Petitioner via email as soon as proceedings
are over. It is open to Petitioner to take an
objection, in case there is any discrepancy in
the order sheet as far as recording of his
submissions/arguments is concerned."
4. In view of the foregoing, whilst directing the Enquiry Officer to
comply with the directions contained in the above extracted paragraph
No.10 scrupulously, we also direct the disciplinary proceedings be
continued after strictly observing the principles of natural justice, in
accordance with law.
5. No further directions are called for.
6. With the above direction, the present Letters Patent Appeal is
disposed of. Pending applications also stand disposed of.
7. A copy of this judgment be provided electronically to learned
counsel appearing on behalf of both the parties and be uploaded on the
website of this Court forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
AUGUST 31, 2020
dn/as
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