Municipal Corporation Of Delhi vs Dharamvir Singh And Others
2024 Latest Caselaw 7552 Del

Delhi High Court

Municipal Corporation Of Delhi vs Dharamvir Singh And Others on 25 November, 2024

Author: C. Hari Shankar

Bench: C. Hari Shankar, Anoop Kumar Mendiratta

                  $~79
                  *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +        W.P.(C) 13427/2024, CM APPL. 56126/2024 & CM APPL.
                           56127/2024

                           MUNICIPAL CORPORATION OF DELHI            .....Petitioner
                                        Through: Ms.        Sriparna    Chatterjee,
                                        Standing Counsel for MCD
                                            versus

                           DHARAMVIR SINGH AND OTHERS            .....Respondents
                                        Through: Mrs. Avnish Ahlawat, SC with
                                        Mr. Nitesh Kumar Singh, Ms. Laavanya
                                        Kaushik, Ms. Aliza Alam and Mr. Mohnish
                                        Sehrawat, Advs. for GNCTD/R-17 to R-20
                                        Mr. Naresh Kaushik, Sr. Adv. with Mr.
                                        Anand Singh and Mr. Shantanu Shukla,
                                        Advs.
                           CORAM:
                           HON'BLE MR. JUSTICE C. HARI SHANKAR
                           HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                        JUDGMENT (ORAL)

                  %                       25.11.2024

                  C. HARI SHANKAR, J.

1. We have seen the impugned order dated 3 May 2024 passed by the Central Administrative Tribunal1, against which the present petition has been preferred.

2. After recording the contentions of learned Counsel for the parties from paras 1 to 6, in para 7, the Tribunal merely holds that it did not find any reason to take any view different from the view which had been taken by the Tribunal in OA 3735/2018.

3. There is no other consideration of the rival contentions.

4. Ms. Sriparna Chatterjee, learned Standing Counsel for the MCD, also submits that the order passed by the Tribunal in Narender Kumar Yadav v UOI2 stands stayed by this Court.

5. Nonetheless, without expressing any opinion on the rival aspects of the matter, as the impugned order is effectively non- speaking regarding the contentions advanced by the parties, it is set aside and OA 1822/2021 stands remanded to the Tribunal for consideration afresh.

6. In order to expedite matters, let the parties appear before the Tribunal on 9 December 2024.

7. We request the Tribunal to decide the matter as expeditiously as possible.

8. The writ petition is allowed to the aforesaid extent.

C. HARI SHANKAR, J.

ANOOP KUMAR MENDIRATTA, J.

NOVEMBER 25, 2024 dsn Click here to check corrigendum, if any

"the Tribunal" hereinafter

Order