Petitioner sought quashing of a departmental chargesheet and direction to accept her resignation. Court directed authorities to consider her detailed representation within four weeks and disposed of the writ petition.
Court directed respondents to consider petitioner's representation within four weeks and dismissed CM application as infructuous.
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..... Petitioner Through: Mr. A.K. Singh and Mr. Haridwar Singh, Advs.
versus
UNION OF INDIA AND ORS.
..... Respondents Through: Mr. Syed Abdul Haseeb, CGSC with Mr. Hilal Haider, GP for UOI with Mr. Rakesh Kr. Singh, 2IC with Mr. Avinash Yadav, DC for CRPF
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 09.04.2024
“In view of the aforesaid facts and circumstances of the case, it is most respectfully prayed that this Hon'ble court may graciously be pleases to:-
a. issue a writ in nature of certiorari to quash the 18.09.2023 chargesheet charge memorandum dated under cover of which a has been issued to the petitioner
b. Prohibit the respondents from continuing with the Departmental Proceedings/ enquiry against the petitioner.
c. Further direct the respondents to accept the resignation of the petitioner and remove the petitioner from service with superannuation benefits.
d. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice.”
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 15/04/2024 at 12:05:40
“a. issue a writ in nature of certiorari to quash the charge memorandum dated 18.09.2023 under cover of which a chargesheet has been issued to the petitioner.
b. Prohibit the respondents from continuing with the Departmental Proceedings/ enquiry against the petitioner.
c. Further direct the respondents to accept the resignation of the petitioner and remove the petitioner from service with superannuation benefits.
d. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice.”
2. The learned counsel for the petitioner submits that the petitioner is ready to tender her resignation and discharge the liability towards the department in respect of a penalty imposed on her, not related to the subject matter of the charge sheet.
3. Mr. Syed Abdul Haseeb seek some time to take instructions and states that the date of hearing in the departmental proceedings being today, the same shall be deferred to a date beyond the date fixed by this Court in these proceedings.
4. List on April 09, 2024.”
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 15/04/2024 at 12:05:40
the petitioner.
CM APPL. 19493/2024
Dismissed as infructuous.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
APRIL 9, 2024 /aky
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 15/04/2024 at 12:05:40
1 issue framed by the court
Whether the petitioner's offer to resign and pay penalty mandates the High Court to intervene in pending departmental proceedings.
DR. DIVYA ARORA
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
