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Delhi High Court - Orders

Gurpreet Singh vs The Chairman, Ntro And Ors on 15 May, 2024

Author: Rekha Palli

Bench: Rekha Palli

                                    $~10
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    W.P.(C) 941/2020
                                         GURPREET SINGH                               ..... Petitioner
                                                          Through: Mr. H. P. Chakravorti, Advocate

                                                                                      versus

                                                THE CHAIRMAN, NTRO AND ORS.            ..... Respondents
                                                            Through: Mr.Vikram Jetly, CGSC with
                                                                     Ms.Shreya Jetly, Adv. for 1, 3 & 4

                                                CORAM:
                                                HON'BLE MS. JUSTICE REKHA PALLI
                                                HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                              ORDER

% 15.05.2024

1. The present petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 31.07.2017 passed by the learned Central Administrative Tribunal (the Tribunal) in O.A. NO. 459/2016. The petitioner also assails the order dated 23.10.2017 vide which his review petition was dismissed by the Tribunal. Vide the impugned order, the learned Tribunal had rejected the petitioner's challenge to the purported enquiry report dated 30.10.2014 as also consequentially penalty order dated 09.03.2015 and the appellate order dated 29.05.2015.

2. The primary submission of learned counsel for the petitioner is that the learned Tribunal has failed to appreciate that the purported enquiry report submitted by the Internal Complaints Committee based on which the penalty order was passed was only a preliminary report and no enquiry by following the procedure under Rule 14 of the CCS(CCA) Rules, 1965 was ever conducted. This is evident from the fact that the petitioner was neither 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 16/05/2024 at 22:26:55 served with the charge-sheet nor supplied any list of witnesses.

3. When faced with this situation, learned counsel for the respondents prays for and is granted time to obtain instructions to make submissions. At request, list on 27.05.2024.

REKHA PALLI, J SAURABH BANERJEE, J MAY 15, 2024/rr 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 16/05/2024 at 22:26:55