SURESH KAIT, J. - (1.) VIDE instant application, the applicant/respondent has sought the modification of the order dated 01.11.2011 passed by this Court and also sought clarifications as referred in para No.6 thereto.
(2.) THE order passed by this Court on 01.11.2011 is as under:- In view of the above Respondents shall comply with the letter dated 5th August, 2010 of the Respondent/IPGCL to the Principal Secretary, Govt. of NCT of Delhi subject to the petitioner withdrawing the present Writ Petition. THE Respondents are directed to do so within a period of eight weeks from today. In view of above Counsel for the Petitioner seeks leave to withdraw this Petition. THE Writ Petition is dismissed as withdrawn in the above terms. All pending applications also stand disposed. Copy of this order be given dasti to Counsel for parties. In the instant application, it is submitted that in another connected writ petition i.e. W.P.(C) No.797/2009, this Court had granted ad-interim order in respect of the appointment to the post of Deputy General Manager (HR); however, respondent No.2 had simultaneously, moved an application in the said case for immediately vacation of the stay order. Further submitted, in the letter dated 05.08.2010, written by the Chief Vigilance Officer to the Secretary (Power) referred to above, on the basis of which the order dated 01.11.2011 was passed, it is mentioned that the main file in which the recruitment process was initiated on the basis of the advertisement dated 30.06.2008, was missing and was not traceable.
(3.) IT is further stated that the recruitment cell had issued another office note dated 14.12.2011 to find out the records from the then officers, who were dealing with the subject and as well handling the files in the past. As such at this stage, it could not be ascertained exactly how many candidates had applied against the first advertisement and the second advertisement specifically. Out of the total applications received originally, the exact numbers of which cannot be known now in the absence of main file, only 19 numbers applications are available, except available 06 applications in one of the file who were called for the interview, scheduled on 03.11.2008. Apartfrom these 13, applications were also made available by the earlier dealing officer (Deputy Manager (HR)-V) in response to the recent letter dated 14.12.2011. However, it cannot be established that the list of all the applications are available against the un-amended advertisement dated 30.06.2008 and amended advertisement dated 31.07.2008.;