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Delhi High Court - Orders

Om Prakash Bairwa vs Union Of India & Ors on 27 April, 2022

Author: Najmi Waziri

Bench: Najmi Waziri, Swarana Kanta Sharma

                          $~76
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 13355/2018
                                OM PRAKASH BAIRWA                                ..... Petitioner
                                            Through:             Mr Kishore Kumar Patel, Advocate
                                                     versus
                                UNION OF INDIA & ORS.                               ..... Respondents
                                              Through:           Mr Dev P. Bhardwaj, Standing
                                                                 Counsel for UOI with Ms Anubha
                                                                 Bhardwaj and Mr Sarthak Anand,
                                                                 Advocates for R-1.
                                                                 Mr V.K. Singh, Ms Prachi Singh and
                                                                 Ms Nisha Hans, Advocates for R-2, 3
                                                                 and 4.
                                CORAM:
                                HON'BLE MR. JUSTICE NAJMI WAZIRI
                                HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                  ORDER

% 27.04.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 20153/2022 (for preponement of date of hearing)

1. Notice.

2. Mr Dev P. Bhardwaj, learned Standing Counsel accepts notice for respondent no.1.

3. Mr V.K. Singh, learned counsel accepts notice for respondents no.2, 3 and 4.

4. For the reasons stated in the application, the same is allowed. W.P.(C) 13355/2018

5. At request, the matter is taken up for hearing.

6. On 09.01.2019, this Court had directed that -

Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:04.05.2022 17:30:21
"......In the meantime, the absence of the petitioner from his duties shall not be taken adversely."

7. That being the position, the issuance of the communication dated 11/19.01.2021 by the respondents treating the petitioner's absence w.e.f. 08.11.2017 to 14.11.2019 as Dies-non is incompatible with the said directions.

8. An appropriate remedial memorandum will be issued by the respondent concerned within a week from today.

9. List on the date already fixed, i.e. 12.10.2022.

NAJMI WAZIRI, J SWARANA KANTA SHARMA, J APRIL 27, 2022 kks Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:04.05.2022 17:30:21