Jitendra Gupta v. C. Chandramouli

(Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.)

Jitendra Gupta ____________________________________ Petitioner;

v.

C. Chandramouli _______________________________ Respondent.

Conmt. Pet.(C) No. 416/2020 In SLP(C) No. 2978/2020, decided on September 7, 2020

(For IA No. 55729/2020-Early Hearing Application and IA No. 51403/2020-Ex-Parte Ad-Interim Relief and IA No. 54507/2020-Exemption From Filing Affidavit)

With

Diary No(s). 13383/2020 (XIV) (IA No. 57383/2020 – Recalling the Courts Order)

Conmt. Pet.(C) No. 416/2020; SLP(C) No. 2978/2020; IA No. 55729/2020; IA No. 51403/2020; IA No. 54507/2020; Diary No(s). 13383/2020 (XIV); and IA No. 57383/2020

The Order of the court was delivered by

Order

D. NO. 13383/2020

1. An application for recall of order dated 3-2-2020¹ has been filed by the applicant where the statement of Mr. Tushar Mehta, learned Solicitor General has been recorded to the following effect:

“…..that the needful of posting the petitioner in Haryana cadre will be done within three weeks from today.”

2. Mr. Tushar Mehta, learned Solicitor General submits that the statement was made without obtaining instructions from the concerned Authority. He submits that he be permitted to withdraw the said statement and the matter be re-heard.

3. The Order dated 3-2-2020¹ was passed on the first day when the special leave petition was taken up for fresh hearing on which date notice was issued.

4. We are of the view that the sufficient ground has been made out to withdraw the statement made by the applicant.

5. We order accordingly and order dated 3-2-2020¹ is withdrawn to the following extent:

“…..that the needful of posting the petitioner in Haryana cadre will be done within three weeks from today. The statement is placed on record.

In view of the above, the special leave petition is disposed of. Pending interlocutory application(s), if any, is/are disposed of.”

6. Counter affidavit be filed within a week.

7. List the special leave petition on 15.09.2020.

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¹ Jitendra Gupta v. C. Chandramouli, SLP (C) No. 2978 of 2020, order dated 3-2-2020 (SC)