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2016 Supreme(Del) 4378

SANJEEV SACHDEVA
R. S. GUPTA – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ranjan Roy, Adv.
For the Respondent: Mr. Saurabh Chadda, Adv. with Mr. Ajay Kumar, LA, DOE.

JUDGMENT :

SANJEEV SACHDEVA, J.

1. The petitioner is aggrieved by the order dated 01.08.2016. It is contended that the appeal of the petitioner has been disposed of by the impugned order in the absence of the petitioner.

2. It is contended that the appeal of the petitioner was listed on 29.07.2016. On the morning of 29.07.2016, the petitioner who was travelling by his motorcycle met with a road traffic accident. Because of heavy rain on the previous night, the motorbike of the petitioner slipped and the petitioner sustained injuries on his shoulder. The petitioner was advised bed rest.

3. It is contended that the petitioner could not appear before the Commission on account of the fact that he met with the accident while he was on his way to attend the hearing. The petitioner thereafter approached the Commission for recall of the order. However, the request was not acceded to. The petitioner has also annexed a copy of the medical certificate.

4. Learned counsel for the respondents submits that the impugned order is justified in the facts and circumstances of the case. However, with regard to the absence of the petitioner from the hearing on 29.07.2016, learned counsel for the respondents






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