The High Court of Delhi dismissed a writ petition filed by a petitioner challenging service dismissal and disciplinary proceedings. The court held that since the petitioner was dismissed from service, the petition became unmaintainable.
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.
$~64
versus
UNION OF INDIA & ORS. ..... Respondents Through: Ms. Rupali Bandhopadhya, CGSC with Mr. Abhijeet Kumar and Ms. Neha, GP for UOI with Major Partho Katyayan, (Army)
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 03.04.2024
CM APPL. 19606/2024 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 4791/2024
“i. issue appropriate writ or writs in nature of certiorari/prohibition or any other apt writ or order or orders to stay all action consequent thereto and incidental therefrom vis-a-vis the disciplinary proceeding relying upon such Annual Medical Board dated 10.05.2023 and other medical examinations conducted during the trial of SGCM on day to day basis unto the award of sentence dated 27.07.2023
ii. issue appropriate writ or writs in nature of certiorari/prohibition or any other apt writ or order or orders dispose of the petition preferred u/s 164 expeditiously
iii to set aside the impugned order dated 14.03.2024 to the extend it is denying the interim reliefs to the petitioner as an applicant iv. direct the concerned authorities to initiate a disciplinary action
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 05/04/2024 at 12:26:37
against the delinquent officer in terms of the criteria laid down by Hon 'ble Supreme Court of India in a case titled UNION OF INDIA AND ORS. vs K. K. DHA WAN vide case No. 266-267 of 1993 decided on date 27.01.1993, against the delinquent officers
v. pass the order or orders reserving the tights of the applicant to approach the apt forum, further, in case of contingencies detrimental to the applicant”
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
APRIL 3, 2024/So
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 05/04/2024 at 12:26:37
1 issue framed by the court
Whether a writ petition challenging service dismissal and disciplinary proceedings is maintainable after the petitioner has been dismissed from service.
NB SUB BIPUL GOGOI
UNION OF INDIA & ORS.
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
