Delhi High Court - Orders
National Power Training Institute vs Office Of Chief Commissioner For ... on 12 August, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11104/2024, CM APPL. 45890-45891/2024
NATIONAL POWER TRAINING INSTITUTE .....Petitioner
Through: Mr. Prashant Shukla, Ms. Anushree
Shukla, Mr. Prabhat Chowdhary,
Advocates.
versus
OFFICE OF CHIEF COMMISSIONER FOR PERSONS WITH
DISABILITY & ORS. .....Respondents
Through: Mr. Vivek Sharma, Senior Panel
Counsel for UOI/R-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.08.2024 CM APPL. 45891/2024 (seeking exemption from filing original / certified copies of the annexures/ documents as also true typed copies of the documents)
1. Exemption is granted, subject to all just exceptions.
2. The Applicants shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
W.P.(C) 11104/2024, CM APPL. 45890/2024 (for stay)
4. Respondent No. 3 was appointed as Assistant Director (Tech./Faculty) in the National Power Training Institute (NPTI)/ Petitioner. On 19th June, 2024, the NPTI issued an office order directing transfer of Respondent No. 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 04:15:41 from NPTI Faridabad to NPTI (ER), Durgapur.
5. Respondent No. 3 responded through email dated 15th July, 2024 highlighting his medical illness and seeking time to join NPTI (ER), Durgapur. Subsequently, on 21st July, 2024, he filed a complaint with Respondent No. 1 seeking cancellation of the transfer order. On the said complaint, NPTI was put to notice and called upon to furnish their comments. However, without awaiting any reply, Respondent No. 1 passed the impugned order dated 2nd August, 2024, directing the transfer order to be kept in abeyance.
6. Counsel for the Petitioner argues that such a decision is beyond the purview of Respondent No. 1, in terms of the functions of the Chief Commissioner as provided under the Rights of Person with Disabilities Act, 2016.
7. Issue notice. Mr. Vivek Sharma, Senior Panel Counsel for Respondent No. 2, accepts notice. Counter affidavit, if any, be filed before the next date of hearing.
8. Issue notice to Respondents No. 1 and 3 by all permissible modes, upon filing of process fee, returnable on the next date of hearing. Counter affidavit(s), if any, be filed before the next date of hearing.
9. List on 30th August, 2024.
SANJEEV NARULA, J AUGUST 12, 2024/ab This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2024 at 04:15:41