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MANMOHAN, CJ : (ORAL) CM APPLs.65148-65149/2024 (Exemption)

1. Allowed, subject to all just exceptions.

2. Accordingly, the present applications stand disposed of. W.P.(C) 15514/2024 & CM APPL.65147/2024

3. Present writ petition has been filed seeking a direction to the respondent/Deen Dayal Upadhyay Hospital to open the financial bid of the petitioner and finalize the tender dated 12th June, 2024 for operating two kiosks at the premises of respondent hospital.

1. By way of present bail application, the petitioner/applicant seeks regular bail in the proceedings emanating out of ECIR/35/DLZO/I/2022 dated 16.09.2022 which was registered on the basis of the FIR bearing No. 9A dated 23.11.2016 registered by the Central Bureau of Investigation (hereafter, the CBI), AC-III, New Delhi under Sections 120-B of IPC & 13(1)(d) r/w 13(2) of PC Act, 1988.

2. The allegations made in the aforesaid FIR, in nutshell, are that Mr. Amanatullah Khan, i.e. the main accused, in his tenure as chairman of the Delhi Waqf Board (hereafter, the „DWB‟), misused his position from March 2016 - October 2016 to appoint and engage relatives and other known persons to various posts in the DWB, from which they derived pecuniary benefits. It was further alleged that the tenancies of DWF properties were allotted without inviting bids and leased out only on reserve price. There were also allegations of misuse of DWB funds.

judgment and order dated 12 January 2023 passed by the Appellate Bench of the Small Causes Court dismissing (A-1) Appeal Nos.396/2015 and 95/2016 and confirming the eviction decree dated 25 June 2015 passed by the Small Causes Court in R.A.E. Suit No. 147A/306 of 1996. By decreeing the suit, the Small Causes Court has directed the Revision Applicants (Defendant Nos.1 to 8) to hand over possession of the suit premises to the Plaintiff.

B. FACTS 2) Plaintiff claims to be the owner of Godown No. 63 in

Sitaram Mill, Delisle Road, Mumbai-400 001 are the suit premises. By Agreement dated 2 July 1975 entered into between the Plaintiff- Saidpur Jute Co. Ltd and Defendant No.1-MBK Enterprises, Plaintiff granted lease in respect of portion of the Godown No. 63 admeasuring 8800 sq. ft (suit premises) in favour of Defendant No.1 for a period of 60 years at monthly rent of Rs.4,488/-. Plaintiff found Defendant No.2-Mid-Day Publications Pvt. Ltd. in occupation of the suit premises and accordingly filed R.A.E. Suit No. 147A/306 of 1996 on 9 February 1996 seeking recovery of possession of the suit premises on the grounds of (i) unlawful subletting by Defendant No.1 to Defendant No.2 (ii) commission of acts contrary to the provisions of Section 108 of the Transfer of Property Act and (iii) carrying out structural additions and alterations of permanent nature in the suit premises and erecting structures of permanent nature without 12 November 2024 Neeta Sawant CRA-120-2023-CRA-215-2023-FC obtaining written permission from Plaintiffs. Defendant No.1 appeared in the suit and filed Written Statement contending that under the covenants of lease, it was entitled to grant sublease in respect of the suit premises and that accordingly Defendant No.1 have subleased the premises to M/s. Mangla International Pvt. Ltd and Ors. who are associate companies having Directors from the same family and the said companies in turn had given the premises on license to Defendant No.2-Mid-Day. Defendant No.1 denied the allegations regarding to commission of act contrary to the provisions of section 108(o) of the Transfer of Property Act, as well as, erecting of structure of permanent nature without the consent of the landlord. Defendant No.2-Mid-Day also filed its Written Statement admitting its use and occupation of the suit premises from July 1995 but pleaded that such occupation was under agreement with Defendant No.1. Mid-Day also denied the allegations in the plaint.

The above Original Petition has been filed by the successful Award Holder under Chapter I Part II of the Arbitration and Conciliation Act, 1996 to recognize the Final Award dated 22.02.2021 and the addendum to the Final Award dated 08.03.2021.

______________ Page No 3 of 184 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.)No.186 of 2023

2. The respective legal contentions of the Petitioner (the claimant) and the Award Debtor Respondent No.2 (the Engineering Company) and the Award Debtor Respondent No.3 (the Project Company) shall be adverted after narrating the facts of the case. I propose to narrate the facts in two parts.

The applicant, an Indian Foreign Service (IFS) Officer of 2006 batch has approached this Tribunal by way of the captioned Original Application (OA), filed under Section 19 of the Administrative Tribunals Act, 1985 to challenge the Office Memorandum dated 17.06.2022 (Annexure-A/1(i)) vide which respondent no. 1 has proposed to hold an inquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and further to challenge the communication dated 16.05.2023 (Annexure-A/1(ii)) vide which the recommendations of the DPC in his respect for promotion to Grade-III of IFS for the panel year 2023 has been kept in "sealed cover".

2. In the OA, the applicant has prayed for the following reliefs and interim relief:

These cross appeals are filed by the Assessee and the Revenue as against separate appellate orders both dated I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No 2 Suzlon Engergy Ltd. vs. DCIT 28.02.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as "CIT(A)"), arising out of the separate assessment orders passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Years 2016-17 and 2017-18. Since common issues are involved in both the years namely disallowance u/s.14A rwr 8D and Depreciation on Goodwill, the same are disposed of by this common order for the sake of convenience. Asst. year 2016-17 is taken as the lead case.

These cross appeals are filed by the Assessee and the Revenue as against separate appellate orders both dated I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No 2 Suzlon Engergy Ltd. vs. DCIT 28.02.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as "CIT(A)"), arising out of the separate assessment orders passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Years 2016-17 and 2017-18. Since common issues are involved in both the years namely disallowance u/s.14A rwr 8D and Depreciation on Goodwill, the same are disposed of by this common order for the sake of convenience. Asst. year 2016-17 is taken as the lead case.

These cross appeals are filed by the Assessee and the Revenue as against separate appellate orders both dated I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No 2 Suzlon Engergy Ltd. vs. DCIT 28.02.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as "CIT(A)"), arising out of the separate assessment orders passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Years 2016-17 and 2017-18. Since common issues are involved in both the years namely disallowance u/s.14A rwr 8D and Depreciation on Goodwill, the same are disposed of by this common order for the sake of convenience. Asst. year 2016-17 is taken as the lead case.

and background of the case:

The Appellant filed an RTI application dated 21.09.2023 seeking information on following points:-

"What kind of punishment is sanctioned by the law for any Pilot who gets the RTR permit or licence on the basis of false documents?"

The CPIO, Sr. DWA (COP & regulations) vide letter dated 05.10.2023 replied as under:-

"- Information sought does not fall under purview of RTI Act 2005, hence this RTI is closed"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.10.2023. The FAA vide order dated 08.11.2023 stated as under:-

"Reply :- I have gone through the case and found that information sought was denied by the CPIO stating that the information did not fall under the purview of the RTI Act, 2005. The undersigned is convinced with the above reply in view of Section 8-1(j) of the RTI Act. 2005."

and background of the case:

The Appellant filed an RTI application dated 09.06.2023 seeking information on following points:-

"1) A certified copy of complaint filed by Neha Kumari /Neha Verma against me between September 2022 to November 2022 addressed to the Director General CISF."

The CPIO vide letter dated 20.06.2023 replied as under:-

"02. It is to inform that under provision of Section-24 of RTI Act 2005, the information sought by you vide representation dated 09/06/2023, cannot be provided as the CISF is an Armed Force of Union and exempted from providing information except for the cases of corruption and human rights violation. The information sought by you does not fali just within the ambit of the two categories mentioned above."

and background of the case:

The Appellant filed an RTI application dated 21.09.2023 seeking information on following points:-

"To, Shri Umang Srivastva Sr.DWA (COP) I had complained on 05/05/2023 against Rahul Sinha regarding his COP permit. What action or inquiry has been conducted in this regard?"

The CPIO, Sr DWA (COP & Regulation) vide letter dated 05.10.2023 replied as under:-

"Information sought does not fall under purview of RTI Act 2005, hence this RTI is closed"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.10.2023. The FAA, JWA vide order dated 08.11.2023 stated as under:-

"Reply :- I have gone through the case and found that information sought was denied by the CPIO stating that the information did not fall under the purview of the RTI Act, 2005. The undersigned is convir.ced with the above reply in view of Section 8-1(j) of the RTI Act. 2005."

and background of the case:

The Appellant filed an RTI application dated 10.07.2023 seeking information on following points:-

"(1) Copy of filled up application form in which my name & designation is mentioned submitted by Avani seeds Ltd, Ahmedabad to Department of Scientific and Industrial Research to get In-house R &D Units certificate issued in FY 2019 (on March 2019 vide certificate F.No.TU/TV- RD/4444/2019). (2) Copy of filled up application form in which my name & designation is mentioned submitted by Avani seeds Ltd, Ahmadabad to Department of Scientific and Industrial Research to get In-house R&D Units certificate issued in FY 2021."

:

The Appellant filed an (online) RTI application dated 02.05.2023 with the CPIO, Department of Defence seeking the following information:

"Prime Minister Modi ji I want to know from you under the right of information that you and your government always say that we will not spare the fraudsters and forgery as the previous government used to do but did it really happen because I have seen your portal But do not know how many times wrote about the fraud happening in the name of Defense where a multinational company Samsung and its dealer evaded tax in the name of canteen store department as well as canteen department of the countrys most important department Ministry of Defence Store department name used without permission.

:

The Appellant filed an (offline) RTI application dated 19.06.2023 seeking the following information:

Page 1 of 5

"1. COPY OF THE SUSPENSION ORDER DATED 03.04.2017 PASSED BY COMPETENT AUTHORITY OF EPIL, NEW DELHI AGAINST SH. PARITOSH KUMAR PRAVEEN (EMP. CODE- 1986).

2. WHETHER ANY REVIEW (EXTENSION/REVOCATION) OF THE ABOVE MENTIONED SUSPENSION ORDER DATED 03.04.2017 HAS OCCURRED? IF YES, THEN PLEASE PROVIDE COPY OF ALL THE REPORTS PASSED BY THE REVIEW COMMITTEE SUBSEQUENT TO THE SUSPENSION ORDER DATED 03.04.2017 TILL DATE.

AND ALSO PROVIDE THE COPY OF ALL THE ORDERS OF THE COMPETENT AUTHORITY PASSED ON THE ABOVE MENTIONED REPORTS OF THE REVIEW COMMITTEE TILL DATE.

:

The Appellant filed an (online) RTI application dated 24.04.2023 seeking the following information:

Querry is in reference to Chief Engineer Central Command. Index No 5-28

-Central Command. For renewal of Security Deposit of FDR wherein many letters were sent for sending to bank FDRs for renewal. However, no reply has been received. Letters dated 08.08.2022, No 4501-244 dated 08.08.2022, letter No 4501-245 dated 06.10.2022, dated 15.11.2022 & dated 20.12.2022 & letter No 4501-248 datet25.01.2023, and 20.03.2023.

FDR bearing No.7 15474 Folio 127180-98 dt.25.9-98 for Rs.60,000.00, (Maturity Date :3-7-2001 FDR bearing No.715475 Follo 127198/98) dated 23.9.98 for Rs.60,000.00.

and background of the case:

The Complainant filed an RTI application dated 12.07.2023 seeking information on following points:-

"1. Total number of employees whose Pension Payment Orders (PPOs) were issued between 01.01.2018 to 30.6.2023 from the office of the PAO, PP&M, Faridabad. 2. Total number of employees whose Pension Payment Orders (PPOs) were issued after the date of their retirement or delayed due to any reason. Information may be provided from 01.01.2018 to 30.6.2023 only. 3. Photocopy of note sheet in respect of my (Devendra Singh, Applicant) pension file maintained in your office to date. 4. Photocopies of the dispatch register maintained in your office for the dates 14.3.2023 to 17.3.2023 and 20.3.2023 to 22.3.2023."

:

The Appellant filed an (offline) RTI application dated 16.03.2023 seeking the following information:

"1. Please refer the fwg letters:-

(a) Your Office letter No L/V/T-32/Misc Corr. Dated 06 Jul 2022 (copy att).

Page 1 of 12

(b) Your Office letter No L/V/T-32/Misc Corr. Dated 25 Jul 2022 (copy att).

(c) MPS for the month of Jun 2017 (copy att).

2. With due respect and humble submission, I would like to obtained following information related to above quoted letters and MPS:-

(a) As per your letter, a sum of Rs. 69,978/- has been deducted in 06/2017 MPS on account of recovery of DA (Rs. 67719/-) & FAA (2698/-) for the period of 20.01.2017 to 31.05.2017. However the sum deducted on account of DA & FAA is Rs. 70, 417/- (Le. Rs. 67,719+ Rs. 2698/). It has been observed that, there is a difference of Rs. 439/- (Rs. 70,417 Rs.

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