Allowed

New Delhi Municipal Council (Ndmc) v. Mr Kishore Prasad

Delhi HC12 Feb 2024W.P.(C)/1970/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed the Writ Petition filed by the Delhi Municipal Council. It set aside the Central Administrative Tribunal's order which set aside the petitioner's dismissal of an employee. The Court remanded the matter to the Tribunal for fresh adjudication on merits after the respondent accepted notice. This was done as the respondent raised substantial grounds which the Tribunal had

What did the court decide?

Writ petition allowed; impugned order set aside; matter remanded to Tribunal for fresh consideration on merits.

New Delhi Municipal Council (Ndmc) Vs Mr Kishore Prasad — Service and Employment | Delhi HC (2024)

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1970/2024

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NEW DELHI MUNICIPAL COUNCIL (NDMC) ..... Petitioner

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Through: Ms. Rashmi Chopra, Standing Counsel with Ms. Sriparna Chattarjee, Addl. Standing Counsel with Mr. Soumitra Chatterjee, Ms. Fiza Chopra and Mr. Manish, Advocates.

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versus

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MR KISHORE PRASAD ..... Respondent Through: Mr. Tushar Ranjan Mohanty, Ms. Payal Mohanty, Ms. Soumya Punna, Ms. Milind Jain and Mr. Ashutosh Pinjan, Advocates.

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CORAM:

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HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

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O R D E R

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% 12.02.2024 CAV 63/2024

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Since learned counsel for the respondent enters appearance, the caveat stands discharged.

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CM APPL. 8258/2024 -Ex.

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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The present writ petition under Article 226 of the Constitution of

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:10:29

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India seeks to assail the order dated 23.11.2023 passed by the learned Central Administrative Tribunal in O.A 907/2020. Vide the impugned order, the learned Tribunal has allowed the original application preferred by the respondent, and has consequently set aside the penalty order dated 19.03.2019, along with the charge sheet and enquiry report, based on which the order dismissing the respondent from service was passed. The learned Tribunal has also set aside the appellate order dated 19.06.2019, vide which the petitioner’s appeal against the order dated 19.03.2019 was rejected.

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Learned counsel for the petitioner submits that the impugned order is wholly perverse and is liable to be set aside as the learned Tribunal has proceeded to examine the merits of the charges against the respondent, and erroneously held that no charge sheet could have been issued to the respondent. She submits that the learned Tribunal has overstepped its jurisdiction in quashing the charge sheet and therefore prays that the impugned order be set aside.

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Issue notice. Mr. Mohanty accepts notice on behalf of the respondent and submits that even if this Court were to accept the petitioner’s plea that the charge sheet issued to the respondent could not have been quashed, there were various other substantial grounds raised by the respondent which were not even considered by the learned Tribunal. He, therefore, prays that the matter be remanded back to the learned Tribunal for fresh adjudication on merits after considering all the grounds raised by the respondent.

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In the light of the aforesaid stand taken by the learned counsel for the respondent, we are of the view that it would be in the interest of justice to set aside the impugned order and remand the matter back to the learned Tribunal for fresh consideration of the OA on merits after giving an

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:10:29

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opportunity to both sides to urge all the pleas raised in their pleadings. The impugned order is accordingly set aside and the matter is remanded back to the learned Tribunal for deciding the O.A afresh in accordance with law.

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It is, however, made clear that while remanding the matter back to the learned Tribunal, this Court has not expressed any opinion on the correctness of the findings in the impugned order, and therefore, it will be open for the learned Tribunal to take the same view, if deemed appropriate after considering all grounds and pleas as may be, raised by the parties.

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The writ petition is accordingly allowed in the aforesaid terms.

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List before the Registrar for directions on 11.03.2024.

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REKHA PALLI, J

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RAJNISH BHATNAGAR, J

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FEBRUARY 12, 2024/ib

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:10:29

New Delhi Municipal Council (Ndmc) v. Mr Kishore Prasad

Case brief

What is this about?

What did the court decide?

New Delhi Municipal Council (Ndmc) v. Mr Kishore Prasad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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