Delhi District Court
Raj Kumar Malhotra vs State & Others on 14 February, 2017
IN THE COURT OF SH. SANJAY KUMAR: ADDL. DISTRICT
JUDGE, (WEST)-02, TIS HAZARI COURTS:DELHI
PC No. 06/2016
New No. 16006/2016
Raj Kumar Malhotra
Vs.
State & Others
ORDER
1. An application on behalf of District Magistrate (West) filed under Section 151 CPC for early hearing of application dated 03.02.2017 and for recalling the Bailable Warrants issued on 30.01.2017 for 15.02.2017.
2. Ld. Counsel for the applicant Sh. Sanjay Kumar Pathak has submitted that the applicant Sh. Shiv Kumar, District Magistrate (West) has joined the duties on 23.01.2017. Since the applicant was not informed about the orders dated 09.01.2017 and 16.01.2017, therefore, he could not comply. He further submitted that vide Show Cause Notice dated 30.01.2017 Sh. Ranbir Singh, Field Kanungo, Sub Division, Punjabi Bagh was subjected to disciplinary action for non- appearance in the Court on 09.01.2017 and 16.01.2017. In order to avoid such incidents in the future the work assigned has been withdrawn from him and work has been assigned to Sh. Rajesh Kumar, Patwari and Sh. Mahabir Singh, LDC for attending this Court on Monday and Tuesday respectively. He further submitted that Show Cause Notice dated 31.01.2017 was issued to Smt. Sushma Goel, UDC, Administration Branch for disciplinary action as after receiving PC No. 16006/2016 Raj Kumar Malhotra Vs. State & Others 1 of 2 notice from this Court she could not convey to the applicant. He further submitted that there was no specific directions of the court for appearance of the applicant/DC West in person, therefore, Bailable Warrants issued may be recalled.
3. I have considered the submissions of Ld. Counsel for the applicant and perused the record.
4. It is pertinent to mention here that in probate cases the Collector has to file reports and State is one of the party. Therefore, in order to expedite the proceedings, the DC Office deputed the staf member to get in touch, communicate with the Court and comply the directions. However, in the month of January, 2017 suddenly the deputed officer stopped attending the Court. Therefore, the Court has no option but to issue notice to the higher officers. Even the notice got served on the higher officers, but no response came. In these peculiar circumstances, Court was constrained to issue Bailable Warrants.
5. According to the applicant Sh. Shiv Kumar, District Magistrate (West) he joined on 23.01.2017 and Court Orders and notices were not brought to his notice by the concerned officials. The applicant has already initiated action against the concerned officials. Therefore, in these circumstances I allow the application and recall the Bailable Warrants.
6. Put up on the date fixed i.e. 15.02.2017.
(Announced in the open (SANJAY KUMAR)
court on 14.02.2017 ADJ-02 (West)
Tis Hazari Courts, Delhi
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