Supreme Court - Daily Orders
Kewal Kumar Sharma Chief Secretary ... vs Sunil Kumar Gupta on 24 November, 2017
Bench: J. Chelameswar, Sanjay Kishan Kaul
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).19691-19692 OF 2017
(Arising out of SLP(C)No.9578-9579/2017)
KEWAL KUMAR SHARMA, CHIEF SECRETARY
GOVERNMENT OF NCT OF DELHI APPELLANT(S)
VERSUS
SUNIL KUMAR GUPTA & ANR. RESPONDENT(S)
O R D E R
Delay condoned.
Leave granted.
The impugned order has been passed in the Contempt jurisdiction whereby the issue of third upgradation is sought to be gone into while the direction contained in the order dated 16 th November, 2011 granted relief only of two upgradations. The subject matter sought to be discussed in the contempt jurisdiction is a fresh cause of action for which, the appellant if so advised, may initiate fresh legal proceedings, but that cannot be decided in the contempt jurisdiction as there is no wilful default.
In view of the aforesaid the contempt proceedings before the High Court shall stand closed. The order stands complied with.
The appeals are accordingly allowed.
…...................J. [ J. CHELAMESWAR ] Signature Not Verified Digitally signed by DEEPAK MANSUKHANI Date: 2017.12.05 17:28:18 IST Reason: SIGNER CARD OF MR. DEEPAK MANSUKHANI …...................J. IS BEING USED BY MR. OM PARKASH SHARMA [ SANJAY KISHAN KAUL ] NEW DELHI NOVEMBER 24, 2017 ITEM NO.51 COURT NO.2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9578-9579/2017 (Arising out of impugned final judgment and order dated 31-05-2016 in CCN No. 246/2016 29-04-2016 in CCN No. 246/2016 passed by the High Court Of Delhi At New Delhi) KEWAL KUMAR SHARMA CHIEF SECRETARY GOVERNMENT OF NCT OF DELHI Petitioner(s) VERSUS SUNIL KUMAR GUPTA & ANR. Respondent(s) Date : 24-11-2017 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Ms. Rekha Pandey,Adv.
Mr. V. Balaji,Adv.
Mr. B.V. Balram Das,Adv. Mr. B. Krishna Prasad, AOR For Respondent(s) Mr. Siddhartha Luthra,Sr.Adv.
Mr. Amit Khemka,Adv.
Mr. Ambhoj Kumar Sinha, AOR Mr. Rishi Sehgal,Adv.
Ms. Soumya Roop Sanyal,Adv. Ms. Advitya Awasthi,Adv. Mr. Karan Khaitan,Adv.
Ms. Aditi Kharpate,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
Pending application(s), if any, stand disposed of.
(OM PARKASH SHARMA) (RAJINDER KAUR)
AR CUM PS BRANCH OFFICER
(Signed order is placed on the file)