Mahipal Singh Vs. Delhi Development Authority and anr. - Court Judgment

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Subject	Service
Court	Delhi High Court
Decided On	Feb-16-1999
Case Number	C.W. No. 548 of 1998
Judge	K. Ramamoorthy, J.
Reported in	1999IIAD(Delhi)688; 78(1999)DLT722
Acts	Constitution of India - Article 226
Appellant	Mahipal Singh
Respondent	Delhi Development Authority and anr.
Appellant Advocate	D.K. Kapur, Sr. Adv. and; F. Hassain, Adv
Respondent Advocate	Inderjit Sidhu, Adv.
Disposition	Petition allowed
Cases Referred	D.P. Bambam v. Union of India and Ors.

Excerpt:
the petitioner filed a petition to quash a charge sheet under article 226 of the constitution of india, 1950 - the court quashed the charge sheet and entitled the petitioner to be considered for promotion and other consequential benefits. - k. ramamoorthy, j.1. the writ petitioner has filed this petition seeking to quash the charge-sheet dated 1.10.1991 on the basis of delay. according to the petitioner, there has been no justification in issuing charge-sheet. the point raised in the writ petition is covered by the judgment of the division bench of this court in cw no. 3145/94 and cw 5887/94 dated 1.5.1995 and following the judgment of the supreme court. this has also been followed by this court in d.p. bambam v. union of india and ors. : 74(1998)dlt437 . 2. in view of the settled position, the writ petition stands allowed. 3. the charge-sheet dated 1.10.1991 is quashed. the petitioner is entitled to be considered for promotion and other consequential benefits. there shall be no order as to costs.

Judgment:

K. Ramamoorthy, J.

1. The writ petitioner has filed this petition seeking to quash the charge-sheet dated 1.10.1991 on the basis of delay. According to the petitioner, there has been no justification in issuing charge-sheet. The point raised in the writ petition is covered by the judgment of the Division Bench of this Court in CW No. 3145/94 and CW 5887/94 dated 1.5.1995 and following the judgment of the Supreme Court. This has also been followed by this Court in D.P. Bambam v. Union of India and Ors. : 74(1998)DLT437 .

2. In view of the settled position, the writ petition stands allowed.

3. The charge-sheet dated 1.10.1991 is quashed. The petitioner is entitled to be considered for promotion and other consequential benefits. There shall be no order as to costs.