Allowed

Rakesh Kumar Alias Raka v. State of NCT of Delhi

Delhi HC9 Oct 2025W.P.(CRL)/439/2025

Case brief

AI extract

What is this about?

Petitioner challenged a punishment ticket imposed without a mandatory Show Cause Notice under Delhi Prisons Rules. The Court held the procedure violated statutory requirements, set aside the punishment, and allowed the petition while permitting fresh proceedings with due process.

What did the court decide?

The impugned Punishment Ticket No. 599 dated 13.10.2022 is set aside. The respondent is allowed to pass a fresh order following due procedure.

Rakesh Kumar Alias Raka Vs State of NCT of Delhi — Service and Employment | Delhi HC (2025)

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$~21

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 439/2025

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RAKESH KUMAR ALIAS RAKA .....Petitioner Through: Mr. Arjun Malik, Adv. (through VC)

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versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan, Mr. Manan Wadhwa and Mr. Anshul Sharma, Advs. with SI Mohan Lal, PS Alipur.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 09.10.2025

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By the present petition, the petitioner seeks quashing of the Punishment Ticket No. 599 dated 13.10.2022 (hereafter ‘ impugned punishment ’).

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The learned Additional Standing Counsel for the State, on instructions, submits that inadvertently the punishment awarded to the petitioner was considered as a minor punishment.

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He submits that in terms of the Delhi Prisons Rules, 2018, stopping of Mulakat for 07 days is a major punishment and the Show Cause Notice was required to be given to the petitioner before any punishment could have been awarded.

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Status Report indicates that the petitioner was heard,

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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 13/10/2025 at 12:35:00

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however, undisputedly, the same does not fulfil the criteria of mandatory service of Show Cause Notice.

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The impugned punishment is, therefore, set aside.

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It is made clear that the respondent authorities are not precluded from passing fresh order(s) or awarding fresh punishment after following the due procedure.

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The present petition is allowed in the aforesaid terms.

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AMIT MAHAJAN, J

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OCTOBER 9, 2025 ‘KDK’

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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 13/10/2025 at 12:35:00

Rakesh Kumar Alias Raka v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Alias Raka v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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