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HIGH COURT OF DELHI
JUDGMENT
CT GD RAJU KORE ..... Petitioner
For the Petitioner: Mr. Ajeet Yadav, Mr. Pradeep Shukla, Mr. Bikram Shah and Mr. M.M. Gaur, Advocates.
For the Respondents: Mr. Pradeep Kumar Jha, Senior Panel Counsel with
Mr. Abhishek Khanna, GP, Mr. Sagar Kumar and Mr. Karan Wadhwa, Advocates for UOI
Mr. Sudhanshu Kumar, DIG and SI Harendra Singh, SSB
HON'BLE MR. JUSTICE MANOJ JAIN
1. Petitioner seeks quashing of notice dated 01.09.2023 whereby petitioner has been directed to show cause as to why his services be not terminated on account of low medical category.
2. Learned counsel for the petitioner submits that in the year 2009 petitioner sustained an injury while returning from leave to join duty. He fell from a train and both his legs were amputated. However, since W.P.(C) 12747/2023 2 the sustaining of injury in 2009, petitioner was continued in service and subsequently given the benefit of the rehabilitation of Disabled Force Personnel Policy dated 29.06.2018 and has been continuing in service till date. He submits that subject show cause has suddenly been issued without any change in circumstances.
3. Learned counsel submits that since petitioner is not well-versed in law, he could not give a detailed response/representation, however, a short representation has been filed. He submits that petitioner would like to file a detailed representation. He further submits that show cause notice dated 01.09.2023 was received on 11.09.2023 giving him 30 days’ time.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
5. With the consent of the parties, petition is taken up for final disposal today.
6. The show cause notice dated 01.09.2023 grants 30 days’ time to the petitioner to file a representation, though petitioner has already filed a representation, 30 days’ period from the date of notice has not yet expired and if calculated from the date of service of the notice, further 11 days are available to the petitioner.
7. Accordingly, we dispose of this petition with liberty to the petitioner to file a detailed representation on or before 16.10.2023. Respondent would be at liberty to thereafter dispose of the representation in accordance with law. In case any adverse order is passed against the petitioner, the said order shall not be implemented W.P.(C) 12747/2023 3 for a period of two weeks to enable the petitioner to avail of such remedy as may be available in law.
8. The petition is accordingly disposed of in the above terms.
9. Order dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 26, 2023 ‘rs’