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W.P.(C)/4301/2018 of UNION OF INDIA AND ANR Vs TANMOY KUMAR DAS

Court
Delhi High Court
Decision date
2018-08-27
Case number
4301/2018

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Statutes cited (1)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4301/2018 & CMs 16730 & 16738/2018

UNION OF INDIA AND ANR ..... Petitioners Through: Mr.Jagjit Singh and Mr. Ashok Singh, Advocates

..... Petitioners

versus

TANMOY KUMAR DAS & ORS. Through: Nemo

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

.....Respondents

% 27.04.2018

The Chief Commissioner for Persons with Disabilities vide impugned order of 23[rd] June, 2017 (Annexure P-1) has directed petitioners to transfer first respondent to place near his home under Eastern Railway in the same capacity and allot him work which suits his disability and to submit compliance report within two months.

Learned counsel for petitioners assails impugned order while relying upon Supreme Court’s decision in State Bank of Patiala and Others v. Vinesh Kumar Bhasin, (2010) 4 SCC 368 to submit that the Chief Commissioner has no power/jurisdiction to issue such like directions.

Despite service of advance notice, none appears on behalf of first respondent.

Since no reminder has been received by petitioners from the Chief Commissioner for Persons with Disabilities to submit compliance report,

therefore, in view of Supreme Court’s decision in Vinesh Kumar Bhasin (supra), petitioners are under no obligation to comply with the impugned order.

With aforesaid clarification, this petition and the applications are disposed of.

APRIL 27, 2018 s

(SUNIL GAUR) JUDGE