R.P. Singh, J. - (1.) By means of this writ petition the petitioner has challenged the order passed by Deputy Director of Consolidation rejecting the revision by which the Deputy Director Consolidation refused to interfere with the order passed by the Consolidation Officer rejecting the application of the petitioner for producing the oral and documentary evidence in support of his case. From the averments in the writ petition it appears that the petitioner was constable in the Delhi Police Service and due to disturbance in the Delhi area, he could not get leave to attend the court and produce his witnesses and consequently an ex-parte order was passed against the petitioner. An application was moved on behalf of the petitioner for recalling that ex-parte order with the prayer that he may be permitted to produce eight witnesses in support of his case which application was, however, rejected by the Consolidation Officer on 9.9-86 against which the petitioner went up in revision before the Deputy Director Consolidation who also summarily rejected the revision.
(2.) I have heard the learned counsel for the petitioner, the learned standing counsel who appears for respondents 1 and 2 Sri R. Malik who appears for respondents 3 and 4. The learned counsel for the private respondents no, 3 and 4 fairly conceded that in all fairness the petitioner may be permitted to adduce his oral evidence before the Consolidation Officer but the petitioner may be directed to produce the oral evidence within a limited time so that the case may not prolong before the Consolidation Officer. Since the right of parties are being finally decided before the Consolidation Authorities, it is just proper that the parties should be allowed to adduce their evidence in the case.
(3.) I, therefore, set aside the order passed by the Deputy Director Consolidation, dated 7-5-87 as also the order passed by the Consolidation Officer dated 9-9-86 and remand the case to the Consolidation Officer to allow the petitioner to adduce his oral evidence at an early date and dispose of the objection expeditiously, if possible within four months from the date of the presentation of an application accompanied by a copy of the order passed by this Court before him. The parties are agreed that they will appear before the Consolidation Officer on 10th August, 1987. With these observations the writ petition is allowed. Costs on parties.;