Col Vinod Dahiya vs Union Of India And Ors on 13 August, 2021

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Delhi High Court - Orders

Col Vinod Dahiya vs Union Of India And Ors on 13 August, 2021

Bench: Manmohan, Navin Chawla

                              $~45
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    W.P.(C) 8377/2021
                                   COL VINOD DAHIYA                           ..... Petitioner
                                                    Through Ms.Neela Gokhle, Mr.Kushal
                                                            Choudhary, Ms.Shradha Agrawal,
                                                            Mr.Iiam Paridi, Advs.

                                                           versus

                                    UNION OF INDIA AND ORS                   ..... Respondents
                                                  Through  Mr.Anil Kaushik, CGSC.

                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                 ORDER

% 13.08.2021 The petition has been heard by way of video conferencing. Present writ petition has been filed challenging the eAPAR for the period of 1st October 2018 to 31st March, 2019 as being void, illegal and not binding on the Petitioner.

Learned counsel for the Petitioner states that Respondent No.3 acted as both the Reporting Authority as well as the Reviewing Authority, thus, rendering the eAPAR arbitrary and illegal. She further states that the accepting authority in the present matter, never endorsed the impugned eAPAR.

Issue notice. Mr.Anil Kaushik, Advocate accepts notice on behalf of the respondents. He states that in the present case, two counselling letters had been issued by the Reporting Authority to which the petitioner had filed replies. He further states that unfortunately the Reporting Authority in the present case had expired much before the eAPAR had been filled.

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:15.08.2021 11:34:53

He clarifies that the Accepting Authority did not sign the eAPAR as he had not seen the work of the petitioner for a period of six months.

Let a counter affidavit incorporating the said facts be placed on record within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

List on 18th November, 2021.

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

MANMOHAN, J NAVIN CHAWLA, J AUGUST 13, 2021 RN Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:15.08.2021 11:34:53

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Delhi High Court - Orders