Manoj Kumar v. Union of India and Ors.
Case brief
What is this about?
The High Court dismissed the writ petition challenging dismissal from the Border Security Force, holding that interference was premature as the conviction and sentence remained pending appeal. The application was disposed of without substantive adjudication.
What the court decided
A compact analysis
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 10650/2016 MANOJ KUMAR ..... Petitioner Through Mr. Ramashankar, Mr. Shivam Garg, Ms. Kamlesh, Ms. Renu & Mr. Sourabh, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through Mr. Arun Bhardwaj, Advocate along with Mr. R.C. Arvind, Army Deputy Commandant, BSF.
CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA
O R D E R % 11.11.2016
CM No. 41742/2016 (Exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 10650/2016
In this writ petition, the petitioner has challenged an Order No. Estt/Court-Case/CT/Manoj/83 Bn/2012 7430-38 dated 16.04.2012 passed by the Commandant, 83rd Battalian, BSF ordering the dismissal of the petitioner from the Border Security Force in exercise of power under Rule 23A of the Border Security Force Rules, 1969.
Issues for consideration
2 issues framed by the court
Whether the writ petition challenging dismissal from service pending appeal against conviction is maintainable.
Whether the High Court can interfere with the dismissal order while the conviction and sentence are under appeal.
Parties & counsel
- petitioner
Manoj Kumar
- respondent
Union of India
Coram
Indira Banerjee
Case details
As recorded by the court registry
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