W.P.(C) 3062/2020

1. The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking a direction to the respondents to a mandate that the travellers of Delhi Metro Rail should provide proof of their identities and addresses while purchasing Metro cards from Delhi Metro Rail Corporation.

W.P.(C) 3062/2020 Page 1 of 2

4. Petitioners, who appear in person, state that Delhi Metro Rail Corporation issues digital Metro cards or tokens (digital monies) to its customers, who in turn use it as travel coupons. They state that linking of Metro card and token with the address proof of the travellers would protect the right to property, in the event, the Metro card or token is lost. They further state that in the wake of ongoing COVID-19 pandemic, it is of utmost importance that the respondents should be aware about the details of the passengers travelling by Delhi Metro as it would help in preventing a patient from travelling and would also help in tracing the affected travellers in case a patient had unwillingly travelled in Delhi Metro.

1. The present public interest litigation under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking a number of directions. The prayer clause is reproduced hereinbelow:-

W.P.(C) 3068/2020 Page 1 of 8

"a) the respondent no.1 (Union of India) be directed to stop respondent no.2 (Govt. of Haryana) from doing all these restriction activities in violation of their orders dated 15.04.2020;

C.R.P. 57/2019 & CM APPL.9037/2019 (for interim relief), CM APPL.9038/2019 (for calling Trial Court record)

1. Petitioner impugns order dated 28.01.2019 whereby the Trial Court has allowed the application under Order 23 Rule 1(1) and 1(3) Code of Civil Procedure (CPC for short) filed by the Respondent and C.R.P. No. 57/2019 Page 1 of 9 permitted the Respondent to withdraw the Suit with liberty to file a fresh Suit for damages.

2. A License Agreement was entered into between the parties on 19.09.2015, whereby Petitioner had agreed to license part of its premises in commercial complex known as "Worldmark 1" located at Asset Area 11, situated at Hospitality District, Indira Gandhi International Airport, New Delhi. The license was entered into for a period of 15 years for the purposes of running of multi-tenanted Food & Beverage concepts under the brand and style of Epicuria.

CM(M) 769/2018 with CM APPL. 27219/2018

1. Petitioner impugns order dated 18.04.2018 whereby the Trial Court has rejected the preliminary objection raised by the Petitioner that the petition filed by the Respondent under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Arbitration Act) impugning award dated 14.07.2016 was liable to be dismissed because Respondent had not deposited 75% of the awarded amount as stipulated in Section 19 of the Micro, Small and Medium CM(M) 769/2018 Page 1 of 16 Enterprises Development Act, 2006 (hereinafter referred to as the MSMED Act).

2. Respondents had issued a Tender Enquiry for procuring Cover Water Proof 9.1 M x 9.1 M. The bid of the Petitioner was accepted by the Respondents and contract dated 05.04.2005 was entered between the parties.

The petition is being filed by the petitioner and challenge is being made to the order dated 04.03.2020, whereby the petitioner is directed to retire on completion of 62 years of age. It is submitted that the petitioner is a Physical Instructor and is equivalent to Teacher as has been held by the Full Bench of this Court in the case of State of M.P. & Others Vs. Yugal Kishore Sharma, in W.A.No.613/2016. Petitioner has placed reliance upon the Clause F of Regulation 8 of Ministry of Human Resources and Development Department as under :-

"(f) Age of Superannuation :- (i) In order to meet the situation arising out of

shortage of teachers in universities and other teaching institutions and the consequent vacant positions therein, the age of superannuation for teacher in Central Education Institution has already 2 HIGH COURT OF MADHYA PRADESH WP.No.7385/2020 (Gopal Prasad Shivhare Vs. Union of India & Others) been enhanced to sixty five years, vide the Department of Higher Education letter No. F.No.1- 19/2006-U.II dated 23.03.2007, for those involved in class room teaching in order to attract eligible persons to the teaching career and to retain teachers in service for a longer period. Consequent on upward revision of the age of superannuation of teachers, the Central Government has already authorized the Central Universities, vide Department of Higher Education D.O. Letter No.F.1-24/2006-Desk(U) dated 30-03-2007 to enhance the age of superannuation of vice- Chancellors of Central Universities from 65 years to 70 years, subject to amendments in the respective statutes, with the approval of the competent authority (Visitor in the case of Central Universities).

... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kundwa Chainpur PS Case No. 174 of 2019 dated 06.11.2019 instituted under Sections 272/273 of the Indian Penal Code and 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

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Aggrieved with denial of information, the appellant filed a First Appeal dated 20.11.2018, which was decided by the FAA's order dated 30.11.2018, upholding the PIO's reply. Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on his telephone number: 98xxxxxx90 and submitted that he had sought the information even through the direct official channel. He claims that he had met the DG twice and had been assured by the DG that information regarding marks will be provided but later the respondent denied information without assigning any reason.

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 10.05.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 21.05.2019, which was decided by the FAA vide order dated 04.06.2019, reiterating the stance taken by the PIO. Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on his telephone number: 89xxxxx145 and reiterated facts of his case. He has sought the information since he wants to join the service and wants to ensure whether the quota-wise benefit was granted. Decision:

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 10.04.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 23.04.2019, which was decided by the FAA vide order dated 09.05.2019, upholding the PIO's reply.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on her telephone number: 87xxxxxx25 and submitted that her husband passed away in 1997. Since her son was only few months old at the time of her husband's death, compassionate appointment was sought only when he attained 18 years. But respondent denied the benefit of compassionate appointment since the appellant had approached the respondent after a gap of 20 years. Since the appellant claims she is not in receipt of the proper pension amount and the benefit of compassionate appointment has also been denied by the respondent, the family is facing a financial crisis. Hence, she sought the aforementioned information by filing the instant case. Decision:

1. Category-wise cut-off marks of the result declared on 16.04.2019;

2. Marks obtained by the appellant in written examination and candidates with what score have been selected from Rajasthan OBC quota;

3. On what basis will be candidates selected from among the 447 candidates finalized for medical examination.

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 12.06.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 01.07.2019, which was decided by the FAA vide order dated 04.07.2019, reiterating the stance taken by the PIO.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Aggrieved with denial of information, the appellant filed a First Appeal dated 20.08.2019, which was decided by the FAA vide order dated 06.09.2019, upholding the stance taken by the PIO and observing that the information could not be provided under the RTI Act since it did not fulfill the criteria of either human rights violation or of corruption as provided in the Section 24 of the RTI Act.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference. The Appellant participated in the hearing on being contacted on his telephone number: 99xxxxxx54 and reiterated the facts of his case and stated that he was working with CISF earlier and is currently with IB. Appellant stated during the course of hearing that he had posed similar queries before the MHA through a separate RTI application, which has been replied and he has received the requisite information. Having thus received the desired information, he does not wish to pursue the instant case.

1. I want to know its next process & medical test date.

2. When will be its medical test

3. I am eagerly waiting its medial test dates many times I tried to know its previous recruitment centre but they have no information, about it please inform me medical test date He summarised his queries as:

(1) What is the reason of being so late in the process of recruitment. (2) I want to know the status of recruitment whether it will be completed or not.

PIO/DIG, CISF denied disclosure of any information invoking Section 24 of the RTI Act, vide reply dated 08.04.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 03.05.2019, which was decided by the FAA vide order dated 14.05.2019, reiterating the stance taken by the PIO.

Relevant facts emerging from appeal:

Case RTI PIO First First 2nd Nos. application replied on Appeal Appellate Appeal/complaint filed on filed on Order on received on 644389 11.05.2019 16.05.2019 23.05.2019 10.06.2019 01.07.2019 635814 21.09.2018 08.10.2018 15.10.2018 01.11.2018 21.11.2018 627430 08.07.2018 17.07.2018 28.05.2018 31.07.2018 01.08.2018 CIC/CISFO/A/2019/644389

The Appellant filed RTI application dated 11.05.2019 seeking information through five points pertaining to an incident that took place on 19.04.2014 at around 2330 hrs wherein a truck bearing registration no. WB37 8459 loaded with TMT iron rods was apprehended by the Local Police near CISF Unit NTPC Barh. Subsequently, an inquiry was ordered by the Central Vigilance Page 1 of 8 Commission vide its OM dated January 2015. Since the matter pertains to alleged corruption by CISF officers, the following information was sought:

The petitioner has already made representation against the impugned order dated 13.12.2019 (Annexure P-1) to the Vice Chancellor, Shree Guru Gobind Singh Tricentenary University, Gurugram. The worthy Vice Chancellor is directed to decide the representation within a period of two weeks from today, strictly as per the University Statues & Ordinance as well as on the basis of compromise arrived at between the petitioner and the 1 of 2 ::: Downloaded on - 09-05-2020 20:40:51 ::: CWP-7284-2020 -2- complainants.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 2 of 2 ::: Downloaded on - 09-05-2020 20:40:51 :::

The petitioner is permitted to make a representation to the General Manager, Food Corporation of India, Chandigarh within a period of one week from today. The General Manager shall decide the representation by passing a speaking/detailed order by referring to the terms and conditions incorporated in the tender document.

Petition stands disposed of accordingly.

( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE May 08, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No 1 of 1 ::: Downloaded on - 08-05-2020 20:39:14 :::

Counsel for the petitioners has argued that as per the allegations in the FIR, the co-accused of the petitioners namely Binder Singh has caused the injury on the head of the complainant and he already stands arrested, however, he has been granted the concession of the regular bail by the trial Court. It is further submitted that both the petitioners are attributed injuries on the non-vital part of the complainant and it will be a debatable issue to be decided during the 1 of 2 ::: Downloaded on - 08-05-2020 20:56:16 ::: CRM-M No.12049 of 2020 (O&M) 2 course of trial, whether Sections 332 and 334 IPC are made out or not.

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