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Devinder Singh Nagi v. Union of India & Ors.

Delhi HC4 May 2016W.P.(C)/3825/2016

Case brief

AI extract

What is this about?

The Delhi High Court set aside a demand letter directing deduction of unpaid bills from the petitioner's dearness allowance. The court ordered immediate implementation of a subsequent letter withdrawing the original demand and imposed costs for lack of show-cause notice.

What did the court decide?

Directions to give effect to the withdrawal of the demand letter within two weeks and pay costs of Rs.1,000.

Devinder Singh Nagi Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2016)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3825/2016 & C.M.Nos.16260-16261/2016

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DEVINDER SINGH NAGI ..... Petitioner

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Through Petitioner in person.

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versus

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UNION OF INDIA & ORS ..... Respondents Through Mr.Praveen Kumar Jain with Mr.Amit Dogra, Advocates.

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CORAM: HON'BLE MR. JUSTICE MANMOHAN

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O R D E R

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% 04.05.2016

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Present writ petition has been filed challenging the letter dated 10^th December, 2015, whereby the respondent no. 2 has directed that the unpaid bills of the petitioner of Delhi Jal Board may be recovered from the Dearness relief payable to him and the said amount be credited in favour of DJB.

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The petitioner who appears in person has handed over in Court an additional affidavit dated 28^th April, 2016, in which it is stated that after filing of the present writ petitioner, the petitioner has received a letter dated 25^th April, 2016 from the Ministry of Urban Development, Directorate of Estates in which it has been ordered that the impugned letter dated 10^th February, 2015 be treated as withdrawn. The letter dated 25^th April, 2016 is reproduced hereinbelow:-

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“ No.Elect.Dues/TD/Type-C(A)/2015 Government of India M/o Urban Development Directorate of Estates

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Nirman Bhavan, New Delhi Dated 25th April, 2016

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Pay & Accounts Officer, Commissionerat/e of Customs, New Customs House, Near IGI Airport, New Delhi-110037

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Subject:- Pending bills in respect of Shri Devender Singh Nagi, Supdt. Ex-allottee of Qtr. No.285, Block No.15 at Lodi Colony, New Delhi

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Sir,

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In continuation of this Directorate of Estates’ letter of even No. dated 10.12.2015 on the subject mentioned above and to say that on receiving the clarification/information from Delhi Jal Board that Shri Devinder Singh Nagi had paid all dues including disconnection fee of Rs.100/- without dues pending against him as on 27.1.2005, the earlier letter of even No. dated 10.12.2015 may be treated as withdrawn and if any amount has already been deducted from Shri Devinder Singh Nagi may also be refunded to him.

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This issues with the approval of Competent Authority.

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(M.S.P.DARA) Assistant Director of Estates”

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Since respondent no.3 has now withdrawn the impugned demand, the respondent no.2 and Pay & Accounts Officer, Commissioner of Customs, New Customs House are directed to give effect to the same within a period of two weeks.

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Since the impugned order had been passed without giving any show cause notice to the petitioner, this Court directs the respondent no.3 to pay the costs of Rs.1,000/- to the petitioner.

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With the aforesaid directions, the present writ petition and the applications are disposed of.

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MANMOHAN, J

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MAY 04, 2016/KA

Devinder Singh Nagi v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Devinder Singh Nagi v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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