Lokendra Kumar vs. Union Of India Through The Secretary

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:28 Oct 2016
CNR:SCIN010093762015

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Order Issued After Hearing

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Case Registered

Listed On:

11 Apr 2015

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Order Text

Listed on 28.10.2016 Before Court No. 11 Item No. 39

SECTION:XIV

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 2296, 7630, 8214, 11954 AND 11346/2015

WITH

PRAYER FOR INTERIM RELIEF

AND

INTERLOCUTORY APPLICATION NO. 3

(Application for impleadment filed by Mr. Anil Kumar Tandale, Advocate in SLP (C) No. 7630/2015)

SH. VIJAY KUMAR DAHIYA AND ORS. ...PETITIONERS VERSUS UNION OF INDIA AND ORS. ...RESPONDENTS

OFFICE REPORT

SLP (C) NO. 2296/2015

The matter above mentioned was listed before the Hon'ble Court on 30.01.2015, when the Court was pleased to pass the following order:-

"Learned counsel for the petitioners submit that the present case is different than the illegality or irregularity committed in the other places with regard to which SLP(C) No. 879 of 2015 has been dismissed by this Court. According to him, the present case is distinguishable as no illegality or irregulatiry in the selection process has been shown in this report and what is alleged is that some of the posts were not sanctioned or that police verification was neither done before the joining nor after the joining. Accordingly to learned senior counsel, if some posts were not sanctioned and persons were appointed against no sanction posts, they may be removed. Further, if police verification was not done prior to the appointment, verification can be made but that cannot be termed to be as large scale irregularity in the process of selection.

Let notice be issued on respondents to state as to what was the exect irregulatity committed during the selection process and in the matter of appointment in Government Press at Nilokheri what was the subject matter in W.P. (C) No. 1989 of 2014 and 4952 of 2014.

Dasti, in addition, is permitted.

In the meantime, if the petitioners have not been removed from service and working, no order of removal be passed pursuant to the order dated 24th December, 2014 passed by the High Court of Delhi at New Delhi in W.P. (C) No. 1989 of 2014."

It is submitted that accordingly show cause notice was issued to all the 5 respondents by registered AD Post as well as dasti on 17.02.2015. Ms. Sushma Suri, Advocate has filed Vakalatnama/Appearance as well as Counter Affidavit on behalf of Respondent Nos. 1 to 3 and the counter affidavit has been included in SLP Paper Books. Counsel for the petitioner has filed affidavit with proof of dasti service on behalf of Respondents but no one has entered Vakakalatnama/Appearance on behalf of Respondent Nos. 4 & 5 so far.

Service is complete.

SLP (C) NOS. 8214 AND 7630/2015

The matters above mentioned were listed before the Hon'ble Court on 13.03.2015, when the Court was pleased to pass the following Order:-

"Permission to file special leave petition is granted.

Notice.

Tag with SLP(C) No. 2296 of 2015."

Service position of both the matters is as under:-

SLP (C) NO. 8214/2015

It is submitted that there are 10 respondents in this SLP. Respondent Nos. 1 to 4 are represented by Ms. Sushma Suri, Advocate and Counter Affidavit filed by her has been included in SLP Paper Books. No one has entered appearance on behalf of Respondent Nos. 5, 6 & 10 though served with notice. Names of Respondent Nos. 7 to 9 have been deleted vide Order dated 08.07.2016 of Hon'ble Judge in Chambers. Accordingly cause title has amended and included in SLP Paper Books.

Service is complete.

SLP (C) NO. 7630/2015

It is submitted that there are 46 respondents in this SLP. Respondent Nos. 1 to 4 are represented by Ms. Sushma Suri, Advocate and counter affidavit filed on their behalf has been included in SLP Paper Books. Name of proforma respondent nos. 5 to 46 have been deleted vide Order dated 15.12.2015 of Hon'ble Judge in Chambers. Accordingly Cause Title has been amended and included in SLP Paper Books.

It is further submitted that Mr. Anil Kumar Tandale, Advocate has on 27.10.2016 filed an application for impleadment to implead the applicants as party petitioner alongwith Vakalatnama/Appearance on their behalf. The application has been registered as I.A. No. 3 and the same is being circulated herewith as separate volume.

Service is complete.

SLP (C) NOS. 11346 AND 11954/2015

The matters above mentioned were listed before the Hon'ble Court on 20.04.2015, when the Court was pleased to pass the following Order:-

"Issue fresh notice on the Special Leave Petition returnable in two weeks.

In the meantime, if the Petitioners have not been removed from service and are working, no order of removal be passed pursuant to the Order dated 24th December, 2014 passed by the High Court of Delhi in W.P.(C) No. 2001 of 2014."

Service position of both the matters is as under:-

SLP (C) NO. 11346/2015

It is submitted that there are 18 respondents in this matter. The name of Respondent Nos. 5 to 18 has been deleted from the array of parties vide Hon'ble Judge in Chambers Order dated 15.12.2015. Amended Cause Title has been placed with SLP Paper Books. Show cause notice to Respondent Nos. 1 to 4 was issued on 23.12.2015 by registered AD. Ms. Sushma Suri, Advocate has filed Vakalatnama/Appearance on behalf of Respondent Nos. 1 to 4. She has also filed Counter Affidavit on behalf of Respondent Nos. 1 to 4 and the same has been placed with SLP paper Books.

Service is complete.

SLP (C) NO. 11954/2015

It is submitted that there are 54 respondents in this matter. The name of Respondent Nos. 5 to 54 has been deleted from the array of parties vide Hon'ble Judge in Chambers Order dated 15.12.2015. Amended Cause Title has been placed with SLP Paper Books. Show cause notice to Respondent Nos. 1 to 4 was

...3...

issued on 26.12.2015 by registered AD. Ms. Sushma Suri, Advocate has filed Vakalatnama/Appearance on behalf of Respondent Nos. 1 to 4. She has also filed Counter Affidavit and the same has been placed with SLP paper Books.

Service is complete.

The matters above-mentioned are listed before the Hon'ble Court with this Office Report.

DATED THIS THE 27th DAY OF OCTOBER, 2016.

ASSISTANT REGISTRAR

Copy to : Mr. Sudarshan Rajan, Adv.( Ch. No. 224 ) Mrs. Sushma Suri, Adv. Mr. Anil Kumar Tandale, Adv.

ASSISTANT REGISTRAR

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