Delhi High Court - Orders
Mukesh Kumar vs National Power Training Institute And ... on 1 October, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 980/2024, CM APPL. 57774/2024, CM APPL. 57775/2024, CM
APPL. 57776/2024 & CM APPL. 57777/2024
MUKESH KUMAR .....Appellant
Through: Mr. Rahul Bajaj and Mr. Habib
Muzaffar, Advocates
versus
NATIONAL POWER TRAINING INSTITUTE AND ORS
.....Respondents
Through: Mr. Prashant Shukla, Ms. Anushree
Shukla and Mr. Rahul Tiwari,
Advocates for R-1.
Mr. Vivek Sharma, SPC with Mr.
Manoj Kumar Tyagi, Advocate for R-
3/UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 01.10.2024
1. Present appeal has been filed challenging the judgement dated 2 nd September, 2024 passed by the learned Single Judge in W.P.(C) 11104/2024. The respondent No.1 (petitioner in the underlying proceedings) had filed the underlying writ petition challenging the interim order passed by respondent No.2, dated 2nd August, 2024 in Case No. CCPD/15589/1022/24 wherein the transfer of the appellant herein had been stayed pending the outcome of the said proceedings before respondent No.2.
2. The learned Single Judge had allowed the writ petition on the ground that respondent No. 2, had exceeded its jurisdiction under the Right of 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 03/10/2024 at 22:55:43 Persons with Disabilities Act, 2016 ("RPWD Act") by granting an interim stay on the transfer of the appellant, a person with benchmark disability (locomotor disability) under the RPWD Act, from respondent No.1's Faridabad office to Durgapur office.
3. After some arguments, learned counsel for the appellant does not wish to press the grievance of the appellant in the present proceedings. He, however, states that the scope and ambit of jurisdiction of the Chief Commissioner of Persons with Disabilities, be appropriately defined.
4. Issue notice on the said aspect.
5. Notice accepted by learned counsel for the respondents. They pray for and are permitted to file their counter affidavits within four weeks. Rejoinder affidavits thereto, if any, be filed within four weeks, thereafter.
6. It is pertinent to mention that learned counsel for respondent no.1 states that the environment, where the appellant has been posted, is disabled friendly. He has handed over a short note alongwith the photographs. The same are taken on record. Learned counsel for the appellant disputes the said contentions. If the appellant has any grievance, he is at liberty to raise the same in accordance with law.
7. List on 27th January 2025.
CHIEF JUSTICE TUSHAR RAO GEDELA, J OCTOBER 1, 2024 Aj 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 03/10/2024 at 22:55:43