Bhagwan Singh v. Union of India

Delhi High Court · 20 Jul 2023 · 2023:DHC:5060-DB
Sanjeev Sachdeva; Manoj Jain
W.P.(C) 1346/2018
2023:DHC:5060-DB
service_law petition_dismissed

AI Summary

The Delhi High Court dismissed the petition denying 2nd ACP benefit to an employee who had not challenged punishments awarded against him, holding that benefits are contingent on impugning adverse service punishments.

Full Text
Translation output
Neutral Citation Number 2023:DHC:5060-DB
W.P.(C) 1346/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 20th July, 2023
W.P.(C) 1346/2018
BHAGWAN SINGH ..... Petitioner
versus
UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Ankur Chibber, Advocate.
For the Respondent: Mr. Vijay Joshi with Mr.Hemender
Singh, Advocates.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns the decision of the respondent in denying the benefit of 2nd ACP scheme to the petitioner on completion of 24 years of service. The contention of the respondents in the counter affidavit is that the petitioner is not entitled to the said benefit as he was awarded two punishments in the year 1998-99.

2. Learned counsel for the petitioner submits that as per his instructions, petitioner was not aware of the said punishments. He Neutral Citation Number 2023:DHC:5060-DB W.P.(C) 1346/2018 fairly concedes that so long as the petitioner does not impugn the orders of punishments, he would be disentitled to grant of the 2nd ACP benefit.

3. In view of the fact that the petitioner was awarded the punishments in the year 1998-99 and petitioner has, till date, not impugned the same, the action of the respondent in denying the 2nd ACP benefit to the petitioner cannot be faulted.

4. Accordingly, we find no merit in the petition. The petition is, consequently, dismissed. It of course, would be without prejudice to the rights of the petitioner to impugn the punishment orders in case he was not aware of the same in accordance with law.

SANJEEV SACHDEVA, J

1. MANOJ JAIN, J JULY 20, 2023