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Delhi High Court - Orders

South Delhi Municipal Corporation vs Ranvir Singh & Anr on 17 February, 2021

Author: Manmohan

Bench: Manmohan, Asha Menon

$~Suppl.-37
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P. (C) 2176/2021
      SOUTH DELHI MUNICIPAL CORPORATION .....Petitioner
                   Through: Mr.Arun Birbal, Advocate.
                          Versus
      RANVIR SINGH & ANR.                    .....Respondents
                   Through: Mr.Rajeev Sharma, Advocate.
      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN
      HON'BLE MS. JUSTICE ASHA MENON

                        ORDER

% 17.02.2021 C.M.No.6334/2021 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) No.2176/2021 & C.M.No.6333/2021 The petition has been heard by way of video conferencing. Learned counsel for the petitioner states that the respondent had charge-sheeted the petitioner thrice and the petitioner has suffered two major penalties. He emphasizes that the authorities had made no distinction between those persons who had suffered two major penalties during the course of their service with SDMC/MCD and all in all such cases, the officers were recommended to be retired compulsorily and the officials were so retired by the competent authority. He also submits that the doctrine of 'washing out' does not apply to FR 56(j).

Issue notice.

Mr.Rajeev Sharma, Advocate accepts notice on behalf of the respondents. He prays for and is permitted to file his written submissions not exceeding three pages along with relevant case law. Learned counsel for the petitioner is also permitted to place on record his written submissions along with relevant case law.

List the matter for hearing and disposal on 17th May, 2021. Till further orders, the impugned order dated 22nd October, 2020 in O.A.No.153/2020 passed by the CAT, Principal Bench, New Delhi is stayed.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J ASHA MENON, J FEBRUARY 17, 2021 KA