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2019 Supreme(Del) 2204

VIPIN SANGHI, A.K.CHAWLA
North Delhi Municipal Corporation – Appellant
Versus
Rajesh Sharma – Respondent


Advocates Appeared:
R.V. Sinha, Adv., A.S. Singh, Adv., Amit Sinha, Adv., Anil Grover, Adv., Mishal Vij, Adv.

JUDGMENT :

Vipin Sanghi, J.

The instant writ petition preferred by North Delhi Municipal Corporation in short 'NrDMC', and, its Commissioner, assailing the judgment dated 07.08.2014 passed by the Central Administrative Tribunal, Principal Bench, in short 'CAT', in O.A. No. 4466/2011 raises an important question of law as to who is the competent authority to take disciplinary actions and impose penalties on the municipal officers and other municipal employees under The Delhi Municipal Corporation Act, 1957 in short 'the Act', post its amendment by The Delhi Municipal Corporation (Amendment) Act, 1993 (Act 67 of 1993). This question of law was sought to be agitated before the Supreme Court in Appeal (Crl.) Nos.7932- 7933/2012 CBI vs. G.S. Matharoo, arising from the judgment of a ld. Single Judge of this Court in G.S. Matharoo Vs. CBI, Crl.M.C. No.2695/2010 decided on 25.01.2012, but the Supreme Court dismissed the said appeals in limine on 26.08.2014, keeping all questions of law open. The impugned judgment of CAT is squarely founded on G.S. Matharoo (supra) decided by the learned

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