WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION:
Dr. Deepak Juneja
….Petitioner Versus
Government of NCT of Delhi
....Respondent
PAPER BOOK {KINDLY SEE INDEX INSIDE}
Filed by :-
[Dr. Deepak Juneja] Petitioner Through Dated: . New Delhi
.2017 Ayush Arora Paras Nath Singh & Rana Prashant Advocates 328, Lawyers Chambers, Delhi High Court, New Delhi-110003 (M) 9910448112 INDEX
WWW.LIVELAW.IN
Sl. Particulars No. 1. Urgent Application
Pages 1
2.
Notice of Motion
2
3.
Memo of Parties
3
4.
Court Fee
4
5.
Synopsis with list of Dates & Events
6.
Writ Petition along with Affidavit
7.
Annexure P-1 True copy of the RTI Application dated
5-8 9-24 25
12.09.2014 8.
Annexure P-2 True copy of RTI reply from CPIO(Admin) vide
26-27
letter dated 08.12.2014 9.
Annexure P-3 True copy of RTI reply from CPIO(Admin) vide
28
letter dated 31.07.2015 10. Annexure P-4 True copy of
RTI
application
dated
29
17.01.2017 11. Annexure P-5 True copy of First appeal order dated
30
10.04.2017 12. Annexure P-6 True copy of reply of CPIO (Admin) dated
31
05.05.2017 13. Annexure P-7 True copy of 12.06.2017
representation
dated
to the Hon'ble Lieutenant
Governor of Delhi, Hon'ble Chief Minister of
32-34
Delhi, Hon'ble Transport Minister of Delhi & Transport Commissioner of Delhi 14. Annexure P-8 True copy of
forwarding
letter
dated
28.06.2017 from OSD (Transport Minister) to
35
Transport Commissioner, Delhi 15. Annexure P-9 36
WWW.LIVELAW.IN True
copy
of
RTI
Application
dated
28.07.2017 filed before the Lt. Governor's Secretariat 16. Annexure P-10 True copy of RTI reply from LG Secretariat
37
dated 04.08.2017 17. Annexure P-11 True copy of Letter from Administration
38
Branch, Transport Dept. dated 28.08.2017 18. Annexure P-12 True copy of RTI reply dated 31.08.2017 from
39
CPIO (Admin), Transport Department 19. Application
under
151
C.P.C
seeking
exemption from filing certified copies of annexures, regular margins annexures and legible copies of
annexures
40-42
along with
accompanying affidavit 20. Vakalatnama
Dated: . New Delhi
43
.2017 Ayush Arora Paras Nath Singh & Rana Prashant Advocates 328, Lawyers Chambers, Delhi High Court, New Delhi-110003 (M): 9910448112
IN THE HIGH COURT OF DELHI AT NEW DELHI
WWW.LIVELAW.IN (EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION: Dr. Deepak Juneja
….Petitioner Versus
Government of NCT of Delhi
....Respondent
URGENT APPLICATION To, The Deputy Registrar, Delhi High Court, New Delhi – 110003 Sir/Madam, You are requested to kindly treat the accompanying petition as an URGENT one in accordance with the High Court Rules and Orders. The Grounds of urgency are that it is a matter of fundamental rights under Article 21 of the Constitution of India. Dated: . New Delhi
.2017 Ayush Arora Paras Nath Singh & Rana Prashant Advocates 328, Lawyers Chambers, Delhi High Court, New Delhi-110003 (M): 9910448112
IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION)
WWW.LIVELAW.IN PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION: Dr. Deepak Juneja
….Petitioner Versus
Government of NCT of Delhi NOTICE OF
....Respondent MOTION
To, Government of NCT of Delhi Standing Counsel 423 Lawyers Chambers Delhi High Court New Delhi Sub: W.P. (C) NO. /2017 TITLED AS Dr. Deepak Juneja VS. Government of NCT of Delhi Dear Sir/Madam, Please be informed and take notice that the accompanying writ petition under Article 226 of Constitution of India is going to be listed for hearing before this Hon'ble Court on ____________, the
th day of
2017 or so soon
thereafter as may be convenient to the Hon'ble Court. Yours truly,
Ayush Arora Paras Nath Singh Rana Prashant Advocates for Petitioner IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
WWW.LIVELAW.IN
IN THE MATTER OF PUBLIC INTEREST LITIGATION MEMO OF PARTIES Dr. Deepak Juneja S/o Sh. Bhim Sain Juneja 1208 Hemkunt House 6, Rajendra Place New Delhi -110008
… Petitioner
VERSUS Government of NCT of Delhi Through Transport Department, Delhi 5/9 Under Hill Road New Delhi - 110054 ...Respondent
Petitioner Through Dated: . New Delhi
.2017 Ayush Arora Paras Nath Singh & Rana Prashant Advocates 328, Lawyers Chambers, Delhi High Court, New Delhi-110003 (M): 9910448112
COURT FEE
WWW.LIVELAW.IN
IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION Synopsis With list of Dates
WWW.LIVELAW.IN That this Writ Petition is filed against long standing and presently continuing arbitrary and illegal actions on part of the respondent by not filling the sanctioned posts in various ranks of the Enforcement cadre of the Transport department. It is submitted that process of appointment has been obfuscated and mere lip service has been paid to the matter. The enforcement cadre of the transport department comprises of 6 ranks of officers namely (in the order of Superior to Junior rank): Enforcement Officer (EO), Inspector
(I),
Sub-Inspector
(SI),
Assistant
Sub-
Inspector (ASI), Head Constable (HC) & Constable (C). The enforcement cadre is empowered to prosecute vehicles violating the provisions of Central Motor Vehicles Act (CMVA), Central Motor Vehicle Rules (CMVR) and the Delhi Motor Vehicle Rules (DMVR). That information
obtained
through
Information
applications
multiple
reveals
that
Right
the
to
current
present strength of the Enforcement cadre is 186 personnel's in all ranks combined as against the combined
sanctioned
strength
of
815.
Thus
619
positions or 77% of the combined sanctioned strength are currently vacant and the above situation has been lingering since at least 2008 or 9 years for which the information is available. Date Content 12.09.2014 The RTI Application dated 12.09.2014 seeking information regarding sanctioned and present strength of the enforcement cadre for the last 7 years filed before CPIO, Transport dept. 08.12.2014 The
CPIO
(Admin)
vide
letter
dated
08.12.2014 provided information only for sanctioned and present strength in 2014.
WWW.LIVELAW.IN 31.07.2015 Pursuant to the order of the Central Information
Commission
to
provide
complete information, the CPIO vide letter dated 31.07.2015 provided the complete information
that
revealed
that
the
sanctioned strength is 817 and at least since 2008-09 there has been no increase in the sanctioned strength despite the steady rise in the number of registered vehicles. It further revealed that the present strength
in
2008-09
was
215
that
decreased to 186 in 2014-15 meaning there has been no recruitment since 2008-09. 17.01.2017 For the purpose of obtaining up to date information for filing this present petition, the petitioner filed an RTI application dated 17.01.2017
before
department
seeking
the
transport
sanctioned
and
present strength for the last 3 years along with budgetary allotment and expenditure for the enforcement branch and the month and year of last recruitment drive to fill the vacancies. 10.04.2017 The First appellate Authority (FAA) vide order
dated
10.04.2017
directed
the
CPIO(Admin Branch) to furnish complete information for sanctioned and present strength for the last 3 years and to provide month and year for the last recruitment drive for enforcement cadre 05.05.2017 The CPIO of Admin. branch vide letter dated 05.05.2017 provided information which revealed that the sanctioned and present strength is still the same as 2015 i.e. 815 sanctioned and 186 present meaning no recruitment has taken place since the last
WWW.LIVELAW.IN RTI reply of 31.7.2015. The CPIO despite the FAA's order, did not provide the month and year when the last recruitment drive took place. 12.06.2017 The petitioner made a detailed, written representation dated 12.06.2017
to the
Hon'ble Lieutenant Governor of Delhi, Hon'ble Chief Minister of Delhi, Hon'ble Transport Minister of Delhi and Transport Commissioner of Delhi, bringing the matter of large scale vacancies to their attention and sought their intervention to fill the vacancies promptly. 28.06.2017 The Office of Transport Minister, Delhi forwarded the above said representation to Secretary
-
cum
-
Commissioner
(Transport) for information and necessary action vide letter dated 28.06.22017 28.07.2017 The petitioner filed RTI Application dated 28.07.2017
before
Secretariat
and
regarding
the
Lt.
sought
action
Governor's information
taken
on
the
that
the
representation dated 12.06.2017 04.08.2017 The
LG's
secretariat
replied
representation was forwarded to Principal Secretary (Transport) on 21.06.2017 and forwarded the RTI application to Transport Department for further reply. 28.08.2017 The administrative branch of the Transport Department vide letter dated 28.08.2017 informed the petitioner that department in 2014 had asked Delhi Subordinate Services Selection Board (DSSSB) for filling of 200 Constable and 99 Head Constable posts and
though
examination
DSSSB for
the
conducted post
of
the Head
WWW.LIVELAW.IN Constables in September 2014, no list of selected
candidates
was
sent
to
the
transport department. 31.08.2017 The Administrative branch of the transport department vide reply dated 31.08.2017 to the
RTI
application
dated
28.07.2017
provided that no information is available with them with regards to any action taken on the representation dated 12.06.2017.
IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION Dr. Deepak Juneja
….Petitioner Versus
Government of NCT of Delhi
….Respondent
IN THE MATTER OF PUBLIC INTEREST LITIGATION:
WWW.LIVELAW.IN
Public Interest Litigation under Article 226 of the Constitution of India on behalf of the people of NCT of Delhi against a Long standing and presently continuing arbitrary, illegal and unwarranted action on part of the respondents by deliberately keeping huge number of vacancies out of the sanctioned posts in various ranks of the Enforcement cadre of the Transport department of GNCTD in violation of the Constitution of India, rules, regulations, policy and the principles of equity, justice, good conscience and public trust consequently exposing residents of Delhi to grave danger of death, disability and injury, with a prayer to issue a writ of mandamus or other appropriate writ with direction to the respondent to fill the vacancies on a urgent basis. AND IN THE MATTER OF: i) Article 21 of the Constitution of India ii) The principles of equity, justice, good conscience & public trust PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR: I.
A Writ of Certiorari calling for the records from the Transport Department, GNCTD pertaining to the recruitment of Enforcement cadre of the Transport department;
II.
A Writ of Mandamus directing the respondents to fill the vacancies in the Enforcement cadre on urgent
WWW.LIVELAW.IN basis within a fixed time limit and to regularly file a status update before the Hon'ble High Court till the recruitment is complete; III.
A Writ of Mandamus directing the respondents to increase the sanctioned strength of its Enforcement cadre in proportion with the increase in vehicular population since the last increase in sanctioned strength;
IV.
pass any such other or further orders as may be deemed just and appropriate, in the facts and circumstances of the case and also in the interest of justice, in favor of the petitioner; and
V.
allow the present writ petition with cost, in favour of the petitioner
To, Hon’ble The Acting Chief Justice and Her Ladyship’s Companion Justices of the Hon’ble High Court of Delhi at New Delhi. The humble Petition of the Petitioner above named MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is a medical practitioner and a law graduate and has no personal interest in the litigation and that the Petition is not guided by self gain or for gain of any other person / institution / body and that there is no motive other than of public interest in filing the Writ Petition.
WWW.LIVELAW.IN 2. That the petitioner is gravely concerned about the transport situation in Delhi, the consequently rising air pollution and complete lack of safety on the roads resulting in large number of accidents, deaths, disabilities and injuries as a result of rampant disobedience of traffic laws. That the petitioner in the course of collecting data on vehicular pollution and traffic law enforcement came to know about large number of vacancies in the enforcement cadre of Transport department of GNCTD. That the petitioner subsequently
filed
RTI
applications
before
the
Transport Dept. to ascertain the facts and the replies from the department revealed over 600 vacancies or 77% of the total posts in the Enforcement cadre. 3. That the instant writ petition has been preferred for the benefit of public at large. The instant Writ Petition raises concern about the fact that such large number and long standing vacancies in a traffic law enforcing agency is detrimental to the rule of law and life and safety of the people of Delhi on a daily basis since the exponential rise in number of vehicles in recent times. The issue is of public importance since the ratio of number of sanctioned law enforcement officers to number of vehicles is extremely low as it is and such large and long pending vacancies further lower the ratio and helps to create and aggravate an atmosphere of indiscipline and lawlessness on the roads by errant
WWW.LIVELAW.IN drivers and is also responsible for extremely high vehicular borne pollution. 4. That the Transport Department of the Government of National Capital Territory of Delhi (GNCTD) has the ultimate duty to fill these vacancies and thus has been arrayed as the sole respondent and that to the knowledge
of
the
petitioner,
no
other
Persons/Institutions/Bodies are likely to be affected by the orders sought in the writ petition. 5. That the petitioner is a duly qualified M.B.B.S doctor and a law graduate, practicing medicine, advocating public health and safety and through the medium of Right to Information has been working to bring transparency and accountability into the affairs of public authorities. That the petitioner considers this matter to be of great significance to the public health and safety and thus the petitioner thought its duty to act to fill the vacant positions and bring a larger law enforcement cadre to the field. The petitioner avers that he has the means to pay the costs, if any, imposed by the Court. 6. That
the
petitioner
made
detailed
written
representation dated 12.06.2017 (Annexure P-7) addressed to the Hon'ble LG of Delhi with copy to Hon'ble Chief Minister of Delhi, Hon'ble Transport Minister of Delhi and Hon'ble Transport Commissioner of Delhi and brought the instant matter to their
WWW.LIVELAW.IN attention and sought their earliest indulgence to fill the vacancies. No reply was received from any of the addressees except the office of the Hon'ble Transport Ministers, which merely forwarded the representation to the Transport Commissioner (Annexure P-8). The RTI request (Annexure P-9) filed before the Lieutenant Governor's Secretariat to inquire the action taken on the representation received reply that it was merely forwarded to the Principal Secretary (Transport) (Annexure P-10). The reply from the transport department
revealed no action has been taken
(Annexure P-12) and further revealed that the department has not bothered to even seek the list of candidates selected for Head constable posts, though the
examination
September
2014
was
conducted
(Annexure
way
P-11).
back
Thus,
in the
petitioner sought best to approach this Hon'ble Court by means of the instant Public Interest Litigation. 7. That the petitioner has not previously filed any Public Interest Litigation or preferred letter petitions before any of the Hon'ble High Courts in India including the Hon'ble Delhi High Court or the Hon'ble Supreme Court of India for the subject matter. 8. That in Delhi the Transport department of GNCTD and Delhi Traffic Police are the 2 agencies entrusted with the enforcement of traffic laws under the Central Motor Vehicles Act (CMVA), Central Motor Vehicle
WWW.LIVELAW.IN Rules (CMVR) and the Delhi Motor Vehicle Rules (DMVR). The Transport department, GNCTD has raised an Enforcement cadre for this purpose and comprises of 6 ranks of officers namely (in the order of superior to junior rank): Enforcement Officer (EO), Inspector (I), Sub-Inspector (SI), Assistant Sub-Inspector (ASI), Head Constable (HC) & Constable (C). 9. That an RTI application dated 12.09.2014 seeking information from transport department regarding rank-wise
sanctioned
and
present
strength
of
enforcement cadre for the last 7 years was filed. The Public Information Officer (PIO) initially provided information only for the then current year of 2014 but after an order of the Central information Commission provided information for the last 7 years. A true copy of the RTI application dated 12.09.2014 and the PIO replies dated 08.12.2014 and 31.7.2015 are annexed herewith and marked as ANNEXURES P-1, P2 & P3 respectively. 10. That the information furnished by the PIO vide letter dated 31.7.2015 is reproduced in Table 1 & 2 below for the perusal of the Hon'ble Court TABLE 1 SANCTIONED Strength from 2008-15 Year
EO
Insp.
SI
ASI
HC
Const. Total
2014-15
10
13
74
77
218
425
817
2013-14
10
13
74
77
218
425
817
WWW.LIVELAW.IN 2012-13
10
13
74
77
218
425
817
2011-12
10
13
74
77
218
425
817
2010-11
10
13
74
77
218
425
817
2009-10
10
13
74
77
218
425
817
2008-09
10
13
74
77
218
425
817
TABLE 2 PRESENT strength from 2008-15 Year
EO
Insp.
SI
ASI
HC
Const. Total
02
02
21
68
75
18
186
02
02
21
68
77
18
188
02
03
23
70
78
19
195
03
04
23
71
83
23
207
05
04
23
70
83
24
209
05
04
06
32
68
102
217
05
04
06
33
67
102
217
201415 201314 201213 201112 201011 200910 200809
WWW.LIVELAW.IN
11. That the analysis of table 1 & 2 reveals the following information. Firstly, there has been no increase in sanctioned strength since 2008-09 despite manifold increase in number of on-road vehicles. Secondly, till 2014-15, only 186 positions were filled against 817 sanctioned posts, thus only 22.7% filled and 77.3% vacant.
Thirdly,
the
Constables
and
Head
Constables that form the bulk of the work force (79%) have a combined vacancy of 85.5%. 12. That for the purpose of obtaining current information for filing the instant petition, a RTI application dated 17.01.2017 before the Transport department was filed seeking rank-wise sanctioned and present strength of the enforcement cadre for the last 3 years along with budgetary
allotment
and
expenditure
for
the
enforcement branch and the month and year of last recruitment drive to fill the vacancies. A true copy of the RTI application dated 17.01.2017 is annexed herewith and marked as ANNEXURES P-4. 13. That the PIO of the Administration branch, Transport Department after the order of the First Appellate Authority (FAA), vide letter dated 05.05.2017 provided rank-wise information for sanctioned and present strength of the Enforcement cadre for the last 3 years. The PIO despite the FAA's order did not provide the month and year when the last recruitment drive took
WWW.LIVELAW.IN place rather provided incorrect information regarding promotion of 2 officers to the rank of EO. A true copy of the FAA order dated 10.04.2017 and the reply of the PIO (Admin Branch) dated 05.05.2017 are annexed herewith & marked as ANNEXURES P-5 & P-6 respectively. 14. That the information furnished by the PIO vide letter dated 05.05.2017 is reproduced in table 3 below for the perusal of the Hon'ble Court Table 3 Sanctioned Posts
Rank
2016
2015
2014
Filled
Filled
Filled
EO
10
3
3
1
Inspector
13
3
2
2
Sub-Insp.
72
16
19
22
ASI
76
70
69
70
HC
218
75
78
77
Constables
426
19
19
18
Total
815
186
190
190
15. That the perusal of table 3 reveals that the sanctioned and filled strength are still the same as in 2014-15 i.e. 815 sanctioned and 186 present (22% filled and 78% vacant),
demonstration
conclusively
that
no
recruitment has taken place since the previous RTI reply dated 31.7.2015 and since 2008-09 at least. 16. That
the
petitioner
made
detailed
written
representation to the Hon'ble LG of Delhi with copies to Hon'ble Chief Minister of Delhi, Hon'ble Transport
WWW.LIVELAW.IN Minister
of
Delhi
and
Hon'ble
Transport
Commissioner of Delhi and brought the instant matter to their attention and sought their earliest indulgence to fill the vacancies. A true copy of the said representation dated 12.06.2017 is annexed herewith and marked as ANNEXURES P-7. 17. That no reply was received from any of the addressees except the office of the Hon'ble Transport Minister, which merely forwarded the said representation to the Transport Commissioner, Delhi. A true copy of the letter dated 28.06.2017 is annexed herewith and marked as ANNEXURES P-8. 18. That the petitioner filed a RTI request dated 28.07.2017
before
the
Lieutenant
Governor's
Secretariat to inquire the action taken on the representation dated 12.06.2017 and received reply that the representation was merely forwarded to the Principal
Secretary
(Transport)
/
Transport
Commissioner, Delhi and further transferred the RTI application to Transport Department for replies. A true copy of the RTI application dated 28.07.2017 and the reply from the Lieutenant Governor's Secretariat dated 04.08.2017 are annexed herewith and marked as ANNEXURES P-9 & P-10. 19. That the Transport department vide letter dated 28.08.2017 informed the petitioner of extremely callous, unbelievably shocking, horrific and pathetic
WWW.LIVELAW.IN state of affairs in the Transport Department, wherein it has provided that the department had taken up the matter with Delhi Subordinate Services Selection Board (DSSSB) to fill up 200 posts of Constables and 99 posts of Head Constables and though examination was conducted in September 2014 by DSSSB for 99 posts of Head Constables, the department that till date not received the list of selected candidates from DSSSB. A true copy of the letter dated 28.08.2017 is annexed herewith and marked as ANNEXURES
P-
11. 20. That the Transport Department further vide letter dated 31.08.2017 provided that no information is available with them with regards to any action taken on the representation dated 12.06.2017. A true copy of the letter dated 31.08.2017 is annexed herewith and marked as ANNEXURES P-12. 21. That even a representation to the highest echelons of the administration of Delhi has failed to wake up the Govt. of NCT of Delhi from its extraordinarily long slumber. In these circumstances the petitioner is left with no other remedy but to approach this Hon'ble Court though this PIL on behalf of the people of Delhi for redressal of this extremely unfortunate situation arising out of official apathy.
GROUNDS
WWW.LIVELAW.IN
A.
Because the State is duty bound to maintain law and
order
and safeguard the people on the roads and
highways of Delhi and the Government of Delhi has abdicated its responsibility by keeping large number of positions vacant for a very long time; B.
Because the enforcement cadre of the transport
department is an essential part of the maintenance of law and order on the roads and highways of NCT of Delhi and shortage of staff has direct bearing on the life and safety of motorists and pedestrians, violating their fundamental rights enshrined under Article 21 of the Constitution; C.
Because the air pollution in NCR region has become
a menace and if the enforcement cadre vacancies are filled to its full strength then they will only help in proper implementation of the various court orders for checking the
air pollution caused by the old vehicle
D.
That the Petitioner has got no other equally
efficacious alternative remedy for the reliefs prayed for in the petition; E.
That the Petitioner has not previously filed a similar
writ petition in the Supreme Court of India or any other High Court of India; F.
That the Petition is filed bonafide and in the interest
of public and justice and without undue delay.
PRAYER
WWW.LIVELAW.IN In the premises aforesaid, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to issue:I.
A Writ of Certiorari calling for the records from the Transport Department, GNCTD pertaining to the recruitment of Enforcement cadre of the Transport department;
II.
A Writ of Mandamus directing the respondents to fill the vacancies in the Enforcement cadre on urgent basis within a fixed time limit and to regularly file a status update before the Hon'ble High Court till the recruitment is complete;
III.
A Writ of Mandamus directing the respondents to increase the sanctioned strength of its Enforcement cadre in proportion with the increase in vehicular population since the last increase in sanctioned strength;
IV.
pass any such other or further orders as may be deemed just and appropriate, in the facts and circumstances of the case and also in the interest of justice, in favor of the petitioner; and
V.
allow the present writ petition with cost, in favour of the petitioner
AND FOR THIS ACT OF KINDNESS YOUR HUMBLE PETITIONER AS IN DUTY BOUNDS SHALL EVER PRAY.
WWW.LIVELAW.IN
[Dr. Deepak Juneja] Petitioner Through Dated: . .2017 New Delhi
Ayush Arora Paras Nath Singh & Rana Prashant Advocates 328, Lawyers Chambers, Delhi High Court, New Delhi-110003 (M): 9910448112 IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION ….Petitioner
Dr. Deepak Juneja Versus
Government of NCT of Delhi
......Respondent
AFFIDAVIT I, Dr. Deepak Juneja S/o Sh. Bhim Sain Juneja R/o A5B/178 SFS Flats, Paschim Vihar, New Delhi - 63, aged about 42 years, do hereby solemnly affirm and declare as under:1.
That I am the petitioner above named and have filed the present petition as a Public Interest Litigation and
as
such
fully
conversant with the facts of the case; 2.
I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof;
3.
I have no personal interest in the litigation and neither myself nor anybody in whom I am interested would in any
WWW.LIVELAW.IN manner benefit from the relief sought in the present litigation save as a member of the General Public. This petition is not guided by self gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition; 4.
I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information, which may have enabled this court to form an opinion whether to entertain this petition or not and/or whether to grant
5.
any relief or not;
That the Annexures to the petition are true copies of their respective originals;
6.
That the averments made at para 1 to 7 in this PIL are in compliance with the Delhi High Court (Public Interest Litigation) Rules, 2010;
7.
That the averments made at para's 8 to 10, 12 to 14 and 16 to 20 in this PIL are based upon written record and / or the information / documents received under the RTI Act, 2005;
8.
That the averments made at para's 11 and 15 are mathematical analysis and interpretation of data received under the RTI Act, 2005;
9.
That the last para, para 21 is a humble appeal seeking intervention of the Hon'ble Court;
10.
That I have gone through the contents of the petition and the same has been drafted under my instructions and the facts stated therein are true to my knowledge and the legal submissions made therein are based on the legal advice received and believed to be correct.
Deponent
VERIFICATION:-
WWW.LIVELAW.IN Verified on solemn affirmation at New Delhi on this _______ day of December 2017 that the contents of my above affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed there from.
Deponent
IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CIVIL WRIT JURISDICTION) PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION: Dr. Deepak Juneja
….Petitioner Versus
Government of NCT of Delhi
....Respondent
APPLICATION UNDER SECTION 151 OF CPC SEEKING EXEMPTION FROM FILING OF CERTIFIED COPY OF ANNEXURES, REGULAR MARGIN ANNEXURES AND LEGIBLE COPY OF ANNEXURES MOST RESPECTFULLY SHOWETH: 1. That the petitioner is filing accompanying Public Interest Litigation against the Government of NCT of Delhi; 2. That the petitioner seeks exemption from filing certified copy of annexures, regular margin and legible copy of annexures;
WWW.LIVELAW.IN 3. That the petitioner undertakes to produce the same if this Hon’ble court directs to produce the same. Prayer It is therefore, prayed that this Hon’ble Court be pleased to exempt the petitioner from filing of certified copy of annexures, regular margin and legible copy of annexures in the interest of justice.
Petitioner Through
Dated: . New Delhi
.2017 Ayush Arora Paras Nath Singh & Rana Prashant Advocates 328, Lawyers Chambers, Delhi High Court, New Delhi-110003 (M): 9910448112
WWW.LIVELAW.IN
IN THE HIGH COURT OF DELHI AT NEW DELHI PUBLIC INTEREST LITIGATION UNDER ARTICLE 226 WRIT PETITION (CIVIL) NO.
OF 2017
IN THE MATTER OF PUBLIC INTEREST LITIGATION: ….Petitioner
Dr. Deepak Juneja Versus Government of NCT of Delhi
....Respondent
AFFIDAVIT I, Dr. Deepak Juneja S/o Sh. Bhim Sain Juneja R/o A5B/178 SFS Flats, Paschim Vihar, New Delhi - 63, aged about 42 years, do hereby solemnly affirm and declare as under:1.
That I am the petitioner in the above noted Public Interest Petition and as such fully conversant with the facts of the case;
2.
That I have gone through the contents of the accompanying application filed under section 151 of CPC. The same has been drafted under my instructions and the facts stated therein are true to my knowledge and the legal submissions made therein are based on the legal advice received and believed to be correct;
3.
That the Annexures to the petition are true copies of their respective originals.
Deponent VERIFICATION:-
WWW.LIVELAW.IN Verified at New Delhi on this _______ day of December, 2017 that the contents of my above affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed there from.
Deponent
