Dismissed

Pradhan Yantrik Rakesh Kumar v. Union of India and Ors.

Delhi HC1 Feb 2024W.P.(C)/1461/2024

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What is this about?

In a writ petition filed by a Coast Guard employee challenging a show cause notice for termination, the High Court dismissed the petition as premature and non-maintainable since the petitioner had already replied to the notice and the matter was pending consideration.

What did the court decide?

Writ petition and pending application dismissed with liberty to seek remedy if an adverse order is passed.

Pradhan Yantrik Rakesh Kumar Vs Union of India and Ors. — Service and Employment | Delhi HC (2024)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1461/2024 & CM APPL. 6036/2024

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PRADHAN YANTRIK RAKESH KUMAR ..... Petitioner Through: Ms. Chhavi Yadav and Mr. Ajit Kakkar, Advs.

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versus

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UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Abhishek Saket, Sr. Panel Counsel with Mr. Jitendra Kumar Tripathi, G.P. and Ms. Sanna, Adv. for UOI

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CORAM:

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HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

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% 01.02.2024

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This petition has been filed by the petitioner with the following prayers:-

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“a) To pass a writ of Certiorari to set show cause Notice bearing No.NK/0329/Sarthak (ix) dated 23.10.2023.

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b) To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper.”

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The primary challenge in this petition is to the show cause notice dated October 23, 2023, paragraph 3 thereof reads as under:-

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“3. THEREFORE, I hereby afford you an opportunity to show cause as to why action for termination of your service under Section 11 of the Coast Guard Act, 1978, read with Rule 23 of the Coast Guard (General) Rules, 1986, should not be taken against you for the above mentioned serious rnisconduct which has lowered the image of service in the eyes of public.”

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:21:13

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It is a conceded position that the petitioner has replied to the show cause notice and the same is pending consideration with the respondents. 4. If that be so, the proceedings being at the show cause stage, the present petition is premature / not maintainable. Accordingly, we dismiss this petition along with pending application. Liberty shall be with the petitioner to seek such remedy, as available in law, if any order is passed to his prejudice.

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V. KAMESWAR RAO, J

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SAURABH BANERJEE, J

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FEBRUARY 1, 2024 /ds

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Pradhan Yantrik Rakesh Kumar v. Union of India and Ors.

Case brief

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Pradhan Yantrik Rakesh Kumar v. Union of India and Ors.

Case brief

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