Delhi High Court - Orders
Central Bureau Of Investigation & Anr vs Pradeep Kumar Shrivastava on 9 January, 2019
Author: Vipin Sanghi
Bench: Vipin Sanghi, A. K. Chawla
$~5.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14043/2018
CENTRAL BUREAU OF INVESTIGATION & ANR..... Petitioners
Through: Mr. Kirtiman Singh, CGSC along
with Ms. Shruti Dutt, Advocate.
versus
PRADEEP KUMAR SHRIVASTAVA ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE A. K. CHAWLA
ORDER
% 09.01.2019 C.M. No.54827/2018
Exemption allowed, subject to all just exceptions. The application stands disposed of.
C.M. No.54828/2018 By this application, the petitioners seek condonation of 55 days delay in refiling the writ petition. Since no limitation is prescribed for preferring a writ petition and as the impugned order is dated 08.02.2018, in any event, there is no delay.
The application is, accordingly, disposed of. W.P.(C) 14043/2018 and C.M. No.54826/2018 Mr. Kirtiman Singh submits that the decision of the Tribunal in O.A. No.2236/2017 influenced the decision in the present case, i.e. O.A. No.2233/2017. He submits that the petitioner is assailing the order passed in O.A. No.2233/2017 only. Mr.Kirtiman Singh submits that the child of the respondent was born sometime in the year 2010 and the respondent was transferred after the birth of the child, who is Autistic, from Jabalpur to Mumbai, and from Mumbai to Jaipur, before being transferred to Delhi. Moreover, the respondent had nearly served for a minimum period of three years in Delhi before being transferred to Kolkata, which has all the medical facilities.
Mr. Kirtiman Singh submits that the Tribunal is influenced by the fact that the respondent's wife has medical issues of thyroid. The issue with regard to the health of the respondent's wife is not so grave since she is suffering from a Thyroid related ailment, which would not come in the way of her leading a normal life with medication and in looking after the Autistic child.
Issue notice to the respondent returnable on 26.02.2019.
VIPIN SANGHI, J A. K. CHAWLA, J JANUARY 09, 2019 B.S. Rohella