Delhi High Court
Charan Singh vs Govt. Of Nctd Through The ... on 31 October, 2022
Neutral Citation Number 2022/DHC/004623
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.10.2022
+ W.P.(C) 9781/2019
CONSTABLE CHARAN SINGH ..... Petitioner
versus
GOVT. OF NCTD THROUGH THE COMMISSIONER OF
POLICE AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Sachin Chauhan, Advocate
For the Respondents: Mrs. Avnish Ahlawat, Standing Counsel
with Mr. N.K. Singh and Ms. Laavanya
Kaushik, Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns judgment dated 27.02.2019 whereby the
Original Application filed by the Petitioner seeking setting aside of the
order of major punishment and rejection of the statutory appeal has
been dismissed.
2. Learned counsel for the Petitioner submits that though the
Tribunal has noticed the factual matrix of the case and the law on the
subject, however, has not returned any finding on the question of law
as well as issues raised by the Petitioner.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:11:57
Neutral Citation Number 2022/DHC/004623
3. Perusal of the impugned order dated 27.02.2019 shows that the
Tribunal after noticing the factual matrix of the case, referring to the
judgment of the Supreme Court and noticing the contention of learned
counsel for the parties, has dismissed the Original Application
recording as under :-
"8. In view of the facts of the case narrated above and in
view of the law laid down by the Hon'ble Apex Court
referred to above and in view of the fact that the counsel
for the applicant has not brought to our notice violation of
any procedural rules or principles of natural justice, the
OA requires to be dismissed."
4. Order of the Tribunal is a cryptic order, which does not deal with
any of the submissions of either the Petitioner or the Respondent and
has also not observed as to how the judgment of the Supreme Court, as
extracted by the Tribunal are applicable to the facts and circumstances
of the case. There is no discussion on the merits of the contention of
either party.
5. In view of the above, impugned order is not sustainable and
accordingly the matter is liable to be remitted to the Tribunal for a
fresh consideration in accordance with law.
6. In view of the above, impugned order dated 27.02.2019 is set
aside. The matter is remitted to the Tribunal for passing a fresh
speaking order in accordance with law.
7. Petition is disposed of, in above terms.
8. It is clarified that this Court has neither considered nor
commented upon the merits of the contention of either party. All rights
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:11:57
Neutral Citation Number 2022/DHC/004623
and contentions of parties are reserved.
9. Parties shall appear before the Tribunal for directions on
08.12.2022.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
OCTOBER 31, 2022
yg
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:11:57
