Sasi Kumar P v. Union of India and Ors.

Delhi High Court · 20 Apr 2023 · 2023:DHC:2685-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 5038/2023
2023:DHC:2685-DB
administrative other

AI Summary

The Delhi High Court directed the respondents to decide the petitioner's pending representation regarding disciplinary proceedings within a stipulated time, without quashing the charges at this stage.

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NEUTRAL CITATION NUMBER: 2023:DHC:2685-DB
W.P.(C) 5038/2023
HIGH COURT OF DELHI
Date of Decision: 20th April, 2023
W.P.(C) 5038/2023 & & CM APPLs. 19714/2023, 19715/2023
SASI KUMAR. P ..... Petitioner
Through: Mr. Bijo Mathew Joy, Mr. Manu Krishna G. & Ms. Swathi H. Prasad, Advocates.
VERSUS
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Virender Pratap Singh Charak, Ms. Shubhra Parashar
& Mr. Sahil Kapoor, Advocates for UOI & Mr. Ram Niwas
DGBR.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide the present petition, the petitioner seeks following reliefs: “a.) Quash and set aside the Memorandum of charges initiating the disciplinary enquiry against the petitioner and all subsequent proceedings made thereunder; b) Issue a writ of mandamus or any other direction to the respondents 3 to 6 to relieve the petitioner from his present posting and allow him to join at the unit of his last leg posting.”

2. The petitioner has already filed the Reply dated 04.03.2023 to the Show-cause Notice dated 24.02.2023 issued against him, wherein the petitioner in his Reply dated 04.03.2023 has stated that the said Show-cause NEUTRAL CITATION NUMBER: 2023:DHC:2685-DB W.P.(C) 5038/2023 Notice dated 24.02.2023 is not maintainable as per the procedure.

3. The petitioner has made the Representation dated 24.03.2023 to the respondents on which, no decision has been taken by the respondents.

4. Accordingly, we hereby dispose of the present petition directing the respondents to take a final decision on the Representation dated 24.03.2023 of the petitioner within 10 days from today.

5. The decision, so taken, shall be communicated to the petitioner with a reasoned order within 3 days thereafter.

6. Accordingly, the present petition along with pending applications is disposed of.

7. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE APRIL 20, 2023 S.Sharma