Back
DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Governmnet of National Capital Territory of Delhi – Appellant
Versus
Rajiv Kumar Khanna – Respondent
| Table of Content |
|---|
| 1. procedural history and inquiry outcome. (Para 1 , 2) |
| 2. writ petition deemed resolved. (Para 3) |
| 3. final order and closing of case. (Para 4 , 5 , 6) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
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 respo
The court emphasized adherence to judicial precedents in administrative inquiries and recognized a respondent's right to pursue legal remedies following inquiry conclusions.
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....
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
The court reinforces the responsibility of disciplinary authorities to make timely decisions on inquiries, ensuring procedural fairness for affected parties.
The failure to consider a request for adjournment during COVID-19 lockdown breached principles of natural justice, necessitating the setting aside of the assessment order.
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
The court emphasized the necessity of interim relief in administrative matters to protect the rights of applicants pending adjudication.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
The court permits withdrawal of an appeal against an ex-parte order to allow the appellant to pursue proper procedural remedies at the trial court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
