DEPUTY INSPECTOR GENERAL (CISF) Vs. JOHNNY DKHAR

JUDGEMENT

(1.) Respondents (Writ petitioners) seek clarification of the judgment passed in WP(C). No. 30 of 2013 dated 20-07-2015 titled Shri. Johnny Dkhar v. Union of India and Ors.

(2.) The writ petition was allowed, the order of removal of the writ petitioner from service has been set aside on the ground that enquiry was defective as the writ petitioner was not given sufficient opportunity to defend himself, on such basis the order of removal was opined to be highly illegal. While setting aside the order of removal, it has been opined as under, "I hereby set aside the impugned orders dated 22-12-2011, 24- 04-2012 and leave the respondent to take fresh enquiry if they so desire or to reinstate the petitioner."

(3.) It is the submission of the learned counsel for the respondents (petitioners herein) that the writ petitioner has been reinstated and fresh enquiry has been initiated. The writ petitioner has objected to the enquiry on the ground that the respondents in terms of the judgment had either to take fresh enquiry or to reinstate the petitioner, whether that contention of the writ petition shall be tenable or not cannot be looked into in this application. Faced with that position, instant motion has been laid for clarification. The judgment has been passed by the Hon'ble Justice S.R.Sen whose Lordship has demitted office on 8th March, 2019.