GOVT OF NCT OF DELHI Vs. SANDEEP MIGLANI

JUDGEMENT

(1.) The petitioner/Govt. of NCT of Delhi, has preferred the present writ petition to assail the order dated 02.11.2018, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the "Tribunal") in O.A. No.3249/2015. The Tribunal has allowed the aforesaid Original Application (OA) preferred by the respondent and held that the review undertaken by the Lieutenant Governor, Delhi to proceed with the departmental proceedings against the respondents, was untenable in law. Accordingly, the Tribunal has quashed the order dated 09.12.2014 and the charge memorandum dated 28.06.2012 issued to the respondent.

(2.) Vide our order dated 12.04.2019 passed in these proceedings, the petitioner was directed to file an affidavit along with copies of the relevant notings and correspondence on the file of the petitioner. The said affidavit, alongwith the notings, have been placed on record by the petitioner.

(3.) We have heard learned counsels at length and perused the record. Ms. Ahlawat, learned counsel for the petitioner has sought to advance her submissions by placing reliance on the departmental record, including the note sheets, correspondence and orders, filed along with the affidavit dated 02.05.2019. She has submitted that the petitioner was entitled to reopen and restart the inquiry against the respondent, since the order dated 28.02.2013 passed by the Lt. Governor dropping the enquiry was, in fact, not an order as it was not communicated to the respondent, and the same had been passed before obtaining the second stage advice of the CVC. We have considered these submissions of the petitioner.