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IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Governmnet Of National Capital Territory Of Delhi & Anr. - Appellants
Versus
Rajiv Kumar Khanna - Respondent
W.P.(C) 1224/2019, CM Appls. 5497/2019 and 11611/2019
Decided On : 11-11-2021
Ignorance of Court Decision - Fresh Cause of Action - Disposal of Writ Petition
Fact of the Case:
The court noted that the inquiry proceedings had been concluded and penalty imposed on the respondent, leading to the conclusion that nothing survived in the instant writ petition and a fresh cause of action may arise in favor of the respondent. The writ petition was disposed of with liberty to the respondent to take recourse to an appropriate remedy as per law.
Finding of the Court:
The court found that the inquiry proceedings had been concluded and penalty imposed on the respondent, leading to the disposal of the writ petition with liberty to the respondent to take recourse to an appropriate remedy as per law.
Issues: The main issue was whether the writ petition should be disposed of in light of the concluded inquiry proceedings and penalty imposed on the respondent.
Ratio Decidendi: The court's decision was influenced by the fact that the inquiry proceedings had been concluded and penalty imposed on the respondent, leading to the conclusion that nothing survived in the instant writ petition and a fresh cause of action may arise in favor of the respondent.
Final Decision: The writ petition was disposed of with liberty to the respondent to take recourse to an appropriate remedy as per law, and the interim order dated 05.02.2019 was vacated.
JUDGMENT
Rajiv Shakdher, J. (Oral). - There is no representation on behalf of the respondent.
2. However, Mr. Vivek Gurnani, who appears on behalf of the petitioners, draws our attention to the order dated 03.04.2019.
2.1 The relevant part of the said order reads as follows:
“.......Since the impugned order has been passed in ignorance of our decision in Govt. of NCT of Delhi Vs. Dr. Rishi Anand, WP(C) No. 8134/2017, the same is set aside. The petitioner should endeavour to complete the inquiry within the aforesaid period and the respondent is directed not to take any due adjournments or delay the proceedings in any way. Interim orders to continue...”
2.2. We are informed that, since then, the inquiry proceedings have been concluded, and penalty has been imposed on the respondent.
3. In these circumstances, it appears that nothing survives in the instant writ petition, if at all, possibly, a fresh cause of action may arise in favour of the respondent.
4. Therefore, the writ petition is disposed of, with liberty to the respondent, to take recourse to an appropriate remedy, albeit, as per law.
4.1. Resultantly, the interim order dated 05.02.2019 shall stand vacated. Pending applications shall also stand closed.
5. A copy of the order passed today will be dispatched by the Registry to the respondent as well as the counsel-on-record for the respondent.
6. The case papers shall stand consigned to record.
The court's decision was based on the conclusion that the inquiry proceedings had been concluded and penalty imposed on the respondent, leading to the disposal of the writ petition with liberty to th....
The court emphasized adherence to judicial precedents in administrative inquiries and recognized a respondent's right to pursue legal remedies following inquiry conclusions.
The main legal point established in the judgment is the court's authority to direct the Tribunal to address the lack of interim protection in the previous interim order.
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
The court emphasized the importance of prompt consideration of the main matter or interim application by the Tribunal and instructed the respondents to refrain from taking any hasty actions against t....
Prompt completion of enquiry proceedings without delay, ensuring no impact of court orders on the enquiry process.
The court determines that no further action is necessary following the interim orders, leading to closure of the writ petition.
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