MCD Vs. HEM RAJ

JUDGEMENT

(1.) CM Nos. 9580/2011 and 9581/2011 These are the applications filed by the petitioners/applicants for condoning the delay of 29 days in re-filing the review application and for condonation of 11 days delay in filing the review petition.

(2.) THE petitioners/applicants have contended that the review petition was filed without an application for delay and consequently, it was received back with defect on 18th April, 2011. THE application for condonation of delay was received by the applicants on 26th April, 2011. However, the petition could not be filed as the ,,Certificate of Fitness was not appended to the application and consequently, after the petitioners counsel received the petition back on 9th May, 2011 and prepared the appropriate ,,Fitness Certificate, it was re-filed on 16th May, 2011. THE review application was again returned on 3rd June, 2011 but on account of summer holidays, the review application could not be filed leading to delay of 29 days in re-filing the review application.

(3.) THE applicants have sought review of order dated 15th February, 2011 on the ground that the impugned order records that the stand of the petitioner was that the Recruitment Rules of the Govt. of NCT of Delhi are applicable for 8 posts in the Finance Department. According to the applicants, there is an error apparent on the face of the record as the plea of the petitioners was that the Recruitment Rules of Govt. of NCT of Delhi are not applicable to the petitioners.