UNION OF INDIA . v. RAJPAL B. YADAV

\2061ITEM NO.51 COURT NO.5 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).10783/2016(Arising out of impugned final judgment and order dated 14/09/2015in SCA No. 17674/2011 passed by the High Court of Gujarat atAhmedabad)UNION OF INDIA AND ORS. Petitioner(s) VERSUSRAJPAL B. YADAV Respondent(s)(WITH Interim Relief and Office Report)Date : 13/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Arijit Prasad, Adv.Mr. Subas Acharya, Adv.Mr. B.K. Prasad, Adv.Ms. Disha Vaish, Adv.Ms. Anisha Mathur, Adv.Mr. Rajat Singh, Adv.Mr. G.S. Makker, Adv. Ms. Sushma Suri, AOR For Respondent(s) Mr. P. K. Manohar, AOR UPON hearing the counsel the Court made the following O R D E RWe have heard learned counsel for the parties. On 12 th April, 2016, we had issued notice limited tothe possibility of holding a fresh enquiry from the stageof examination of PWs.4 and 5. Subsequently, it was represented to us by learnedAdditional Solicitor General that the matter needs to be2heard on all the issues raised in this petition. We are of opinion that the only issue that arises inthis petition is whether the principles of naturaljustice were followed by the Enquiry Officer or not. Wefind that the examination of material witnesses had takenplace while the respondent was on medical leave. Surely,this is not in consonance with the principles of naturaljustice. Under the circumstances, we are of opinion that theHigh Court was in error in not remitting the matter backto the Enquiry Officer to be considered afresh from thestage at which PWs.4 and 5 were examined. Accordingly,to this extent, we set aside the order passed by the HighCourt and remit the matter back to the Enquiry Officer toconclude the Enquiry from the stage of examination ofPWs.4 and 5. We expect the Enquiry Officer to take adecision at the earliest. The special leave petition is disposed of. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER

ITEM NO.56 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10783/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in SCA No. 17674/2011 passed by the High Court of Gujarat at Ahmedabad) UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) (With interim relief and office report) Date : 14/12/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. P.S. Patwalia, ASG Mr. Rajat Singh, Adv. Mrs. Anil Katiyar, Adv. Ms. Disha, Adv. Ms. Sushma Suri,Adv. For Respondent(s) Mr. P. K. Manohar,Adv. UPON hearing the counsel the Court made the following O R D E R In terms of order dated 16.08.2016, list the matter on a non-miscellaneous day. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master

ÖITEM NO.56 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 10783/2016(Arising out of impugned final judgment and order dated 14/09/2015in SCA No. 17674/2011 passed by the High Court of Gujarat atAhmedabad)UNION OF INDIA AND ORS. Petitioner(s) VERSUSRAJPAL B. YADAV Respondent(s)(With interim relief and office report)Date : 14/12/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE ADARSH KUMAR GOELFor Petitioner(s) Mr. P.S. Patwalia, ASGMr. Rajat Singh, Adv.Mrs. Anil Katiyar, Adv.Ms. Disha, Adv.Ms. Sushma Suri,Adv. For Respondent(s) Mr. P. K. Manohar,Adv. UPON hearing the counsel the Court made the following O R D E RIn terms of order dated 16.08.2016, list the matter on anon-miscellaneous day.(Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master

ITEM NO.17 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10783/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in SCA No. 17674/2011 passed by the High Court of Gujarat at Ahmedabad) UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) (With interim relief and office report) Date : 22/11/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. P.S. Patwalia, ASG Ms. Vibha Datta Makhija, Sr. Adv. Mr. Rajat Singh, Adv. Ms. Sushma Suri,Adv. For Respondent(s) Mr. P. K. Manohar,Adv. UPON hearing the counsel the Court made the following O R D E R There seems to be some confusion about the dates, therefore the matter is not taken up today. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master

âITEM NO.17 COURT NO.6 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 10783/2016(Arising out of impugned final judgment and order dated 14/09/2015in SCA No. 17674/2011 passed by the High Court of Gujarat atAhmedabad)UNION OF INDIA AND ORS. Petitioner(s) VERSUSRAJPAL B. YADAV Respondent(s)(With interim relief and office report)Date : 22/11/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKURHON'BLE MR. JUSTICE ADARSH KUMAR GOELFor Petitioner(s) Mr. P.S. Patwalia, ASGMs. Vibha Datta Makhija, Sr. Adv.Mr. Rajat Singh, Adv.Ms. Sushma Suri,Adv. For Respondent(s) Mr. P. K. Manohar,Adv. UPON hearing the counsel the Court made the following O R D E RThere seems to be some confusion about the dates, thereforethe matter is not taken up today.(Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master

ITEM NO.2 COURT NO.7 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10783/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in SCA No. 17674/2011 passed by the High Court of Gujarat at Ahmedabad) UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) (With interim relief and office report) Date : 16/08/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. P.S. Patwalia, ASG Mr. Rajat Singh, Adv. Mr. Anil Katiyar, Adv. Mr. B.K. Prasad, Adv. Ms. Sushma Suri,Adv. For Respondent(s) Mr. P. K. Manohar,Adv. UPON hearing the counsel the Court made the following O R D E R List the matter on a non-miscellaneous day for considering all the issues raised in the petition. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master

LISTED ON :16.08.2016 BEFORE COURT NO.: 07 ITEM NO.:02 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 10783 OF 2016 WITH PRAYER FOR INTERIM RELIEF UNION OF INDIA AND ORS. ....PETITIONERS VERSUS RAJPAL B. YADAV ...RESPONDENT OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 11th July, 2016 when the Court was pleased to pass the following Order : "Learned counsel for the respondent prays for some time to file counter affidavit. He is permitted to do so within two weeks. Rejoinder, if any, be filed within two weeks thereafter. List thereafter." It is submitted for the information of the Hon'ble Court that pursuant to aforesaid order, counsel for the sole respondent has filed counteraffidavit and the same is being circulated before the Hon'ble Court. Counsel for the petitioners have not filed rejoinderaffidavit so far. Service of notice is complete. The matter above mentioned is listed before the Hon'ble Court with this office report. Dated this the 12th day of August, 2016. ASSISTANT REGISTRAR Copy to: Ms. Sushma Suri , Advocate Mr. P.K. Manohar, Advocate L ASSISTANT REGISTRAR

ITEM NO.48 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 10783/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in SCA No. 17674/2011 passed by the High Court of Gujarat at Ahmedabad) UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) (With interim relief and office report) Date : 11/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. P.S. Patwalia, ASG Mr. Rajat Singh, Adv. Ms. Anil Katiyar, Adv. Ms. Sushma Suri,Adv. For Respondent(s) Mr. P.K. Manohar, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondent prays for some time to file counter affidavit. He is permitted to do so within two weeks. Rejoinder, if any, be filed within two weeks thereafter. List thereafter. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master

LISTED ON: 11.07.2016 BEFORE COURT NO.:8 ITEM NO.: 48 SECTIONIX IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 10783 OF 2016 WITH PRAYER FOR INTERIM RELIEF UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 12 th April, 2016 when the Court was pleased to pass the following order: “ Delay condoned. Issue notice limited to the possibility of holding a fresh enquiry from the stage of examination of PWs. 4 and 5. In the meanwhile, there shall be stay of operation of the impugned order dated 14.09.2015 passed by the High Court of Gujarat. ” It is submitted for the information of the Hon'ble Court that there is Sole Respondent who is represented through Mr. P. K. Manohar , Advocate but counter not filed. Service of notice is complete. The matter above mentioned is listed before the Hon'ble Court with report. Dated this the 8 th day of July, 2016. ASSISTANT REGISTRAR Copy to: Ms. Sushma Suri , Advocate Mr. P. K. Manohar , Advocate ASSISTANT REGISTRAR ga

ITEM NO.1 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC 6462/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in SCA No. 17674/2011 passed by the High Court of Gujarat at Ahmedabad) UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) (With appln.(s) for C/Delay in filing SLP) Date : 12/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. P.S. Patwalia, ASG Ms. Vibha Datta Makhija, Sr. Adv. Mr. Rajat Singh, Adv. Mr. Archit Upadhayay, Adv. Ms. Sushma Suri, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice limited to the possibility of holding a fresh enquiry from the stage of examination of PWs. 4 and 5. In the meanwhile, there shall be stay of operation of the impugned order dated 14.09.2015 passed by the High Court of Gujarat. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER

ITEM NO.1 COURT NO.8 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC 6462/2016 (Arising out of impugned final judgment and order dated 14/09/2015 in SCA No. 17674/2011 passed by the High Court of Gujarat at Ahmedabad) UNION OF INDIA AND ORS. Petitioner(s) VERSUS RAJPAL B. YADAV Respondent(s) (With appln.(s) for C/Delay in filing SLP) Date : 12/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. P.S. Patwalia, ASG Ms. Vibha Datta Makhija, Sr. Adv. Mr. Rajat Singh, Adv. Mr. Archit Upadhayay, Adv. Ms. Sushma Suri, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice limited to the possibility of holding a fresh enquiry from the stage of examination of PWs. 4 and 5. In the meanwhile, there shall be stay of operation of the impugned order dated 14.09.2015 passed by the HighSignature Not VerifiedDigitally signed bySANJAY KUMARDate: 2016.04.12 Court of Gujarat.17:04:14 ISTReason: (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER

UNION OF INDIA . v. RAJPAL B. YADAV

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