Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9
EX No. 117/24
MALIK CHAND BALI THROUGH LRS Vs. THE
CUSTODIAN OF EVACUEE
02.05.2024
This Court is working with single stenographer.
Present : Sh. Vikas Aggarwal, Ld. Counsel for the DH with
Sh. Ravi Kant Bali, LR of the deceased DH.
Sh. S.S. Dalal, Ld. Counsel for the JD.
Sh. Manvinder Singh, Deputy Secretary on behalf
of the JD.
Sh. U.S. Bisht, Section Officer on behalf of the JD.
Sh. Nagendra Sah, UDC on behalf of the JD.
Ld. Counsel for the JD submits that they have
already filed an appeal on 24.04.2024 against the order of the
Court, sought to be executed in the present proceedings.
It is informed by the worthy Deputy Secretary that
the Department has already initiated an enquiry to fix
responsibility upon the officer/official who is responsible for the
delay in the proceedings. It is submitted that execution is not
possible on account of objection filed today.
Submissions heard.
Filing of an appeal, by itself is no ground to claim an
immunity from execution. Clearly, the appeal is being filed after
about one year from the order and even the objections are being
filed today itself. No reason given for not preferring the appeal or
for filing the objections earlier.
In view of the conduct of the JD and for inordinate
and unexplained delay, the JD is burdened with a cost of
Rs.5,000/-, to be attached from the salary of the Officer/Official
who is found responsible from the outcome of the department
Page 1 of 2 (PTO)
-- 1 of 2 --
enquiry. A report to the said effect be filed before the Court
within 60 days.
In order to balance the scales of justice, the aforesaid
cost be paid to the DH, on the conclusion of the enquiry.
Be that as it may be, the objections need to be
decided on merits. The copy of the objections has been supplied.
Reply, if any, be filed at least one week before the
next date of hearing with an advance copy to the opposite side.
Matter be taken up on 30.05.2024 at 11:30 AM, for
arguments on objection.
(Harjeet Singh Jaspal)
SCJ-cum-RC: Central District:
02.05.2024
Page 2 of 2
-- 2 of 2 --