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2023 Supreme(Del) 2952

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
V. K. Kadam – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Ritesh Kumar Pandey, Advocate, for the Petitioner.
Mrs. Avnish Ahlawat, SC with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the GNCTD.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 37804/2023 & 37805/2023 (for exemption)

Exemption allowed subject to all just exceptions.

Applications are disposed of.

W.P.(C) 9830/2023

1. The challenge in this petition is to an order dated July 19, 2023 in OA 3279/2022, whereby the Tribunal has disposed of the petition filed by the petitioner challenging the chargesheet only on the ground of inordinate delay. The subject matter of the allegations is award of Tender while the petitioner was working as Medical Superintendent of Shri Dada Dev Matri Avum Shishu Chikitsalaya, Dabri, New Delhi in the year 2011-2012 inter alia on the ground that the approval of the Secretary, Department of Health, Govt. of NCT of Delhi has not been taken.

2. It is a conceded position that a memorandum dated December 3, 2021 has been issued to the petitioner wherein three Articles of Charge have been framed against him.

3. The only ground, urged by the counsel for the petitioner before the Tribunal was that the chargesheet has been issued after much delay as the charges pertains to certain happenings in the year 2011-2012.

4. We find that the Tribunal has noted the reply filed by the respondents herein and ha

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