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2023 Supreme(Del) 5704

SATISH CHANDRA SHARMA, SANJEEV NARULA
Government of NCT of Delhi – Appellant
Versus
Ashok Kumar Rajdev – Respondent


Advocates appeared:
Mr. Kirti Uppal, Senior Advocate with Mr. Yoginder Handoo, Mr.Mananjay Mishra, Mr. Ashwin Kataria, Mr. Shekhar Kumar, Ms.Riya Gulati & Mr. Himanshu Bhidhuri, Advocates, for the Appellant.
Mr. Mohit Mathur, Senior Advocate with Mr. Wajeeh Shafiq & Ms.Ramsha Shan, Advocates, for Respondents No. 1 to 6.
Mr. Rahul Mehra, Senior Advocate and Mr. Santosh Kumar Tripathi, Standing Counsel (Civil) with Mr.Arun Panwar, Mr. Pradyumn Rao, Mr. Utkarsh Singh, Mr. Kartik Sharma, Ms. Prashansa Sharma, Mr.Rishabh Srivastava, Mr.Chaitanya Gosain and Mr. Anand, Advocates, for Respondent No.7/GNCTD.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present Letters Patent Appeal (LPA) is arising out of order dated 15.09.2023 passed by the learned Single Judge in C.M. No. 47812/2023 in W.P.(C.) No. 10923/2023.

2. The undisputed facts of the case reveal that the respondents No.1 to 6 are employees of Central Public Works Department (CPWD)/Public Works Department (PWD) serving the Government of National Capital Territory of Delhi (GNCTD). They came up before this Court being aggrieved by the show-cause notices dated 19.06.2013 issued by the Directorate of Vigilance seeking explanation from them as to why disciplinary action under the relevant rules/laws/manuals/circulars/CVC guidelines etc., be not initiated against them.

3. The appellants before this Court have stated that they have taken a preliminary objection in the matter stating that a writ petition is not at all maintainable as the respondents No.1 to 6 are Central Government employees, and for the challenge in respect of disciplinary action, they have to approach the Central Administrative Tribunal constituted under the provisions of the Administrative Tribunals Act, 1985. It has been stated on affidavit that the objection was taken

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