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HIGH COURT OF DELHI
Date of Decision: 16th May, 2023
HARMEET SINGH ..... Petitioner
Through: Dr. S.S. Hooda, Mr. Aayushman Aeron and Mr. Ashutosh Kumar, Advocates
Through: Mr. Jivesh Kumar Tiwari, Senior Panel Counsel with Mr. Prajesh Vikram Srivastava, GP, Ms. Samiksha Mittal, Advocate and Mr. Hemendra Singh, DC (Law), BSF
HON’BLE MS. JUSTICE MINI PUSHKARNA
JUDGMENT
1. Vide the present petition, petitioner is praying as under: “a. Issue a Writ, order or direction in the nature of Certiorari quashing and setting aside of order dated 04.05.2023 whereby ROE is directed to be prepared against the Petitioner; And b. Issue a Writ, order, or direction in the nature of Certiorari quashing and setting aside order dated 10.04.2023 whereby a fresh SCOI has been ordered against the Petitioner, And c. Issue a Writ, order, or direction in the nature of Certiorari quashing and setting aside attachment order dated 12.04.2023 whereby the petitioner has been attached with HQ Kolkata Sector BSF for disciplinary purposes, And in the alternative d. Issue a Writ, order, or direction in the nature of Mandamus directing the Respondents to keep order dated 04.05.2023 and all consequential proceedings in abeyance till the finalization of fresh SCOI against the Petitioner, And”
2. Learned counsel for petitioner submits that Staff Court of Inquiry 15:01 Neutral Citation Number: 2023:DHC: 3442-DB W.P.(C) 6462/2023 (SCOI) is pending against the petitioner pursuant to order dated 10.04.2023 and disciplinary proceedings have been initiated pursuant to charge-sheet dated 04.05.2023 for the same and similar allegations which is not permitted under law.
3. Learned counsel for petitioner further submits that either the respondents should complete SCOI pursuant to order dated 10.04.2023 or they should straightway initiate disciplinary proceedings pursuant to chargesheet dated 04.05.2023, however, both are going on together.
4. Learned counsel for respondents, who is appearing on advance notice, submits that though the aforesaid charge-sheet has already been issued and petitioner is participating therein, however, respondents are collecting some other evidences in SCOI pursuant to order dated 10.04.2023 which, in our considered opinion, cannot be accepted.
5. Since for the same and similar allegations, two proceedings simultaneously cannot be permitted under the law, we hereby dispose of the present petition directing the respondents to put an end to Staff Court of Inquiry (SCOI) pursuant to order dated 10.04.2023 with liberty to respondents to amend the charge-sheet dated 04.05.2023, as per law, if required and proceed further.
6. Pending applications also stand disposed of. (SURESH KUMAR KAIT) JUDGE (MINI PUSHKARNA)
JUDGE MAY 16, 2023 15:01