Petitioner sought quashing of remark and NOC from Air Force to join Deputy Collector post. Court noted discharge from service effective Jan 31, 2024, rendering prayers infructuous and disposed of petition.
Alternative relief for discharge granted; petition disposed as petitioners shall approach State within one week of discharge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
% Date of decision: January 11, 2024 + W.P.(C) 11161/2020 & CM APPL. 34809/2020
(12) SGT RAJEEV KUMAR
..... Petitioner
Through: Mr. Ankur Chhibber, Mr. Anshuman Mehrotra, Mr. H.S. Tiwari, Mr. Nikunj Arora, Mr. Arjun Panwar, Mr. Amrit Koul, Ms. Samriddhi Bhatti, Advs.
versus
UNION OF INDIA AND ORS
..... Respondents
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikady and Mr. Krishnan V., Advs. for UOI. Sqn. Ldr. M.N. Khan, MWO Ashok Janged, Sgt. Vikash Kumar and Sgt. Ashok Kumar.
Mr. Tapesh Singh, Mr. Rajeev Shanker Dwivedi, Ms. Tulika Mukherjee, Mr. Zair A. Khan Advocate Mr. B. Sharma, Advs. for R4 and R5.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)11161/2020
Page 1
V. KAMESWAR RAO, J. (ORAL)
1. Issue a Writ of Certiorari for quashing of the remark endorsed in the application dated 17.02.2020 to the extent whereby it has been stated that the Petitioner cannot be issued NOC as he does not fulfill the requirement of AFO 33/2017 despite the fact that the requirement of holding skill level "A has been struck down by this Hon'ble Court on 11.03.2020 in W.P.(C) 634/2020 titled as Subhash Chand Union of India and of the signal dated 02.07.2020 and application dated 11.12.2020 submitted by the Petitioner seeking discharge from service.
2. Issue a Writ of Mandamus directing to the Respondents to discharge the Petitioner from the post of Sergeant so that he can join the post he has been selected for i.e. Deputy Collector in the state of Jharkhand or in the alternative consider his discharge on compassionate ground in terms of Para 2 of the AFO 16/2008, keeping in mind the career progression and enhancement of the Petitioner.
3. Pass any such orders as the Hon'ble Court may deem fit in the light of above mentioned facts and circumstances of the case.”
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)11161/2020
Page 2
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)11161/2020
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Collector in the State of Jharkhand, but due to procedural delays because of lockdown, the NOC has not been issued.
CM APPL. 34809/2020
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 11, 2024 /jg
Signature Not Verified
Digitally Signed By:ANIL KUMAR Signing Da te:1 2.01.2024 16:45:29
W.P.(C)11161/2020
Page 4
SGT RAJEEV KUMAR
UNION OF INDIA
V. KAMESWAR RAO
SAURABH BANERJEE
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
