Dismissed

University of Delhi v. Suresh Kumar & Ors.

Delhi HC4 Sept 2019LPA/127/2019

Case brief

AI extract

What is this about?

In this Letters Patent Appeal, the High Court of Delhi dismissed the appeal filed by the University of Delhi against an interim order restraining action based on an accepted misconduct report. The court declined to entertain the appeal as the underlying writ petition remained pending.

What did the court decide?

The Letters Patent Appeal was dismissed and the miscellaneous application was disposed of.

University of Delhi Vs Suresh Kumar & Ors. — Pension and Retirement Benefits | Delhi HC (2019)

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$~3

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision : 4^th September, 2019

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- LPA 127/2019 & CM APPL. 9187/2019-STAY

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UNIVERSITY OF DELHI ..... Appellant Through: Mr. Sachin Dutta, Sr. Advocate with Mr. Mohinder J.S. Ruppal, Mr. Hardik Rupal, Mr. Prang Newmai, Mr. Koushik Ghosh, Mr. Naman Garg and Ms. Aditi Shastri, Advs. Versus SURESH KUMAR & ORS ..... Respondents Through: Mr. Sanjoy Ghose and Mr. Rhishabh Jetley, Advs.

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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O R D E R

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% 04.09.2019

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D.N. PATEL, CHIEF JUSTICE (ORAL)

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This Letters Patent Appeal has been preferred by the original respondents against the interim order dated 20^th December, 2018 passed by the learned Single Judge in WP (C) no. 13829/2018.

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Having heard counsel for the appellant and looking to the facts and circumstances of the case, it appears that for an alleged

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LPA 127/2019

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Page 1 of 3

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misconduct by the respondent no. 1 (original petitioner), a committee was constituted. The Committee gave a report against the delinquentemployee/respondent no. 1 (original petitioner). This report has been accepted by the appellant and a notice dated 10^th December, 2018 has been issued. Thus, it appears that the report of the Committee has been accepted by the appellant and prima facie, it appears that only for the alleged misconduct, notice has been issued, which has been challenged by the respondent no. 1 in WP(C) No. 13829/2018.

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Counsel for the petitioner submits that this writ petition is still pending before the learned Single Judge and the next date of hearing is 21^st October, 2019. The learned Single Judge vide order dated 20^th December, 2018 has observed that till further orders the respondent nos. 1 and 2 in the writ petition are restrained to take any action pursuant to the report of the Committee and the Memorandum dated 10^th December, 2018.

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Having heard counsel for the appellant and looking to the facts and circumstances of the case and also looking to the fact that the aforesaid writ petition is still pending, which is against the notice issued by the appellant and after accepting the report of the Committee for the alleged sexual harassment, we see no reason to entertain this Letters Patent Appeal at this stage. We are not going into the details of the fact because the writ petition is still pending. But suffice it to say that report of the Committee has been accepted, prima facie, without giving any opportunity of being heard to the respondent no. 1 (original petitioner).

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For the aforesaid reasons, this Letters Patent Appeal is hereby dismissed. It is made clear that the aforesaid writ petition will be

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LPA 127/2019

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Page 2 of 3

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decided without being influenced by the order passed by the Division Bench in this Letters Patent Appeal. Miscellaneous application is disposed of.

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CHIEF JUSTICE

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C.HARI SHANKAR, J.

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SEPTEMBER 04, 2019 r.bararia

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LPA 127/2019

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Page 3 of 3

University of Delhi v. Suresh Kumar & Ors.

Case brief

What is this about?

What did the court decide?

University of Delhi v. Suresh Kumar & Ors.

Case brief

What is this about?

What did the court decide?

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