Dismissed

Rajender Kumar v. Union of India & Ors.

Delhi HC5 Feb 2024W.P.(C)/1577/2024

Case brief

AI extract

What is this about?

The High Court of Delhi initially dismissed a writ petition seeking quashing of a penalty and promotion as withdrawn. Permitting counsel's liberty to file a fresh petition for ad-hoc promotion and to challenge the punishment order, the court modified the dismissal to allow such liberty before disposing of the application.

What did the court decide?

Petitioner granted liberty to file a fresh petition for ad-hoc promotion and to challenge the punishment order; current application disposed of.

Rajender Kumar Vs Union of India & Ors. — Pension and Retirement Benefits | Delhi HC (2024)

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1577/2024, CM APPL. 11876/2024 RAJENDER KUMAR

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..... Petitioner Through: Mr. Abhay Kumar Bhargava, Adv. and Ms. Chandana Debnath, Adv.

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versus

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UNION OF INDIA & ORS.

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..... Respondent Through: Mr. Jivesh Kumar Tiwari, Sr. PC with Ms. Samiksha Mittal, Adv. for UOI with Mr. Hemendra Singh, DC/Law (BSF)

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CORAM:

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HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 27.02.2024

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CM APPL. 11876/2024

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This writ petition was dismissed as withdrawn on February 5, 2024, with the following order:

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

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“(i) Issue a writ of Certiorari or any other writ order or direction thereby calling for records and quash the impugned order dated 02.01.2024 passed by the IG (Pers) FHQ BSF New Delhi.

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(ii) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondents promote the petitioner on an adhoc basis in terms of the OM No: 22011/4/91-Estt. (A) dated 14.09.1992 i.e. after expiry of two years from the date of the meeting of the first DPC, which kept its findings in respect of the Petitioner in a sealed

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This is a digitally signed order.

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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 05/03/2024 at 11:08:40

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cover.

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(i) Pass any other order this Hon'ble Court deems fit in the interest of justice.”

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2. It is conceded by Mr. Abhay Kumar Bhargava that the petitioner has challenged the penalty of reprimand imposed on him on February 02, 2023, in writ petition being W.P.(C) 10384/2023. He states that he shall withdraw this writ petition and seek amendment of that writ petition incorporating the prayer of ad-hoc promotion to the post of Assistant Commandant.

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3. Noting the said submission made by Mr. Bhargava, this petition is dismissed as withdrawn.”

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Today, Mr. Abhay Kumar Bhargava, learned counsel for the petitioner submits that the writ petition W.P.(C) 10384/2023 was withdrawn much before the order was passed. He states liberty be granted to the petitioner to file a fresh petition seeking a d-hoc promotion and also challenge the punishment order dated February 2, 2023.

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The order is modified to the extent that the liberty shall be with the petitioner to file a fresh petition seeking Ad-hoc promotion to the post of Assistant Commandant and also the order of punishment in accordance with law.

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The application is disposed of.

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V. KAMESWAR RAO, J

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SAURABH BANERJEE, J

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FEBRUARY 27, 2024 /aky

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This is a digitally signed order.

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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 05/03/2024 at 11:08:40

Rajender Kumar v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Rajender Kumar v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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