Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C.) No.3792/2010
% Date of Decision: 31.05.2010
Delhi Development Authority …. Petitioner
Through Mr.Arun Birbal, Advocate
Versus
Sh.V.K.Gupta …. Respondent
Through Mr.Vivek Sood, Advocate.
CORAM:
HON’BLE MR. JUSTICE ANIL KUMAR
HON’BLE MR. JUSTICE MOOL CHAND GARG
1. Whether reporters of Local papers may be
allowed to see the judgment?
YES
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in
the Digest?
NO
ANIL KUMAR, J.
*
The petitioner Delhi Development Authority has challenged the
th
order dated 13 October, 2009 passed by Central Administrative
Tribunal, Principal Bench, New Delhi in O.A bearing No.2653/2008
titled Sh.V.K.Gupta, Assistant Engineer v. Delhi Development Authority
allowing his application for quashing the charges framed against him in
2008 for the alleged lapses in supervising the construction in 1992-
1993.
While allowing the original application of the respondent the
Tribunal relied on a similar case where the memorandum of charges
W.P(C) No.3792/2010 Page 1 of 3
against the similarly placed junior engineers were quashed in O.A
bearing No.2585/2008 titled Sh.Shailendra Kumar v. Delhi
Development Authority which was also allowed by the Tribunal by order
th
dated 8 September, 2009. The Tribunal while allowing the application
of the respondent had held that for the parity of reasons given in the
case of Shailendra Kumar (supra) the application of the respondent is
also to be allowed.
Against the order passed in O.A bearing No.2585/2008 titled
Sh.Shailendra Kumar v. Delhi Development Authority a writ petition
being W.P(C) No.3793/2010 titled as Delhi Development Authority Vs
Shailendra Kumar was filed by the petitioner, Delhi Development
st
Authority which has been dismissed by this Court by order dated 31
May, 2010.
The learned counsel for the petitioner is unable to point out any
substantial difference in the case of respondent with that of Shailendra
Kumar (supra).
Therefore, for the reasons stated in W.P(C) No.3793/2010 titled
as Delhi Development Authority Vs Shailendra Kumar which has been
st
dismissed by this Court by order dated 31 May, 2010, this Court does
not find any such illegality or irregularity in the order of the Tribunal
W.P(C) No.3792/2010 Page 2 of 3
th
dated 10 September, 2009 which will necessitate any interference by
this Court.
The writ petition, therefore, is without any merit and it is
dismissed.
ANIL KUMAR, J.
May 31, 2010 MOOL CHAND GARG, J.
‘k’
W.P(C) No.3792/2010 Page 3 of 3