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Shri Anil Kumar Singh Biswas v. Union of India & Ors.

Delhi HC12 Jan 2024W.P.(C)/2625/2021

Case brief

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What is this about?

This order finds a writ petition under Articles 226 and 227 of the Constitution infructuous. The court holds that as the departmental enquiry against the petitioner already culminated in a censure order now under appeal, the challenge to the earlier CAT order is no longer maintainable.

What did the court decide?

Writ petition disposed of by granting liberty to raise all grounds in the challenge to the penalty order.

Shri Anil Kumar Singh Biswas Vs Union of India & Ors. — Service and Employment | Delhi HC (2024)

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$~2

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 2625/2021 & CM APPL. 7774/2021 -Stay. SHRI ANIL KUMAR SINGH BISWAS

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..... Petitioner Through: Mr . Sudhir Nandrajog, Sr. Adv. with Mr. Abhay Kumar, Mr. Saurabh Mishra and Mr. Shagun Ruhil, Advs.

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versus

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UNION OF INDIA & ORS.

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..... Respondents

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Through: Mr. Rajesh Kumar, CGSC with Ms. Mishika Pandita, Adv. for UOI.

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CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 12.01.2024

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The present writ petition under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 20.01.2021 passed by the learned Central Administrative Tribunal (CAT) in O.A. NO. 126 of 2021. Vide the impugned order, the learned Tribunal has rejected the O.A. preferred by the petitioner wherein the petitioner had assailed the charge memorandum dated 28.08.2020. Being aggrieved by the said order, the petitioner has approached this Court by way of the present petition.

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It, however, appears that since this Court did not grant any interim relief to the petitioner, the enquiry pursuant to the aforesaid charge memorandum continued and has now culminated in an order of

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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 16/05/2024 at 12:29:46

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censure against the petitioner which order has already been assailed by him by way of a departmental appeal, which is still pending consideration.

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In the light of the aforesaid, we are of the considered opinion that the present petition is no longer maintainable and the petitioner should take all the grounds raised in the present petition in his challenge to the censure order.

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For the aforesaid reasons, the writ petition is rendered infructuous and is accordingly, disposed of by granting liberty to the petitioner to raise all grounds pertaining to the purported illegality in the issuance of the charge memorandum in his challenge to the penalty order.

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REKHA PALLI, J

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TUSHAR RAO GEDELA, J

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JANUARY 12, 2024 acm

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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 16/05/2024 at 12:29:46

Shri Anil Kumar Singh Biswas v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Shri Anil Kumar Singh Biswas v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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