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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Tejbir Singh - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P.(C) 4151 of 2021
Decided On : 07-03-2022
Important Points
Subject
Administrative Law - Public Bodies and Bodies Corporate
Headnote
(B) The court directed that the representation and show cause notice must be addressed in accordance with law, ensuring that all involved parties have the opportunity to respond appropriately. (Paras 6-8)
Facts of the case:
The petitioner filed a representation which prompted the issuance of a show cause notice by the Corporation; however, there were concerns over the delivery of notice to some respondents.
Findings of Court:
The petitioner’s request for the Corporation to act on their representation was affirmed, directing clear steps to ensure due process.
Issues: The court addressed how to appropriately resolve the proceedings initiated by the petitioner's representation and the issuance of the show cause notice.
Ratio Decidendi: The court underscored the importance of ensuring that all respondents are adequately notified and granted a fair opportunity to respond to the representation and notice.
Result: Petition stands disposed of in accordance with the above terms.
| Table of Content |
|---|
| 1. petitioner seeks direction on representation (Para 1) |
| 2. responses regarding notice and objections (Para 2 , 3 , 4) |
| 3. court's directive for representation decision (Para 5 , 6) |
| 4. order for timely response and hearings (Para 7 , 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks a direction to the respondent to decide the objection/representation dated 11.07.2020 submitted on 15.09.2020 filed by the petitioner.
2. Learned counsel for the Corporation submits that pursuant to the representation, a show cause notice has already been issued to respondents No.3 and 4 on 09.04.2021.
3. Learned counsel for respondents no. 2 to 4 submits that copy of the show cause notice has not been received.
4. Learned counsel for respondents no.5 to 7 submits that neither a copy of the objections nor of the said representation has been given to them.
5. A copy of the petition as well the counter affidavits filed by the respondents no. 2 to 4 be furnished by the counsel for the petitioner to the counsel for respondents No.5 to 7.
6. Since the respondent No.1 Corporation has already acted upon the representation given by the petitioner and a notice has been given, it will be appropriate to dispose of the present petition with a direction to the Corporation to decide the representation and the show cause notice in accordance with law.
7. In view of the above, a copy of the show cause notice be supplied to the respondents within two days. Respondents shall be at liberty to give a reply to the show cause notice within two weeks thereof, if they so desire.
8. The Corporation shall pass appropriate orders on the representation and the show cause notice after giving an opportunity of a personal hearing to respondents No. 2 to 7.
9. Petition stands disposed of in above terms.
