Ex Insp Sarjit Singh v. Union of India and Others

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

3. Vide the present petition, the petitioner is seeking following reliefs: “a.) To pass directions to the Respondents to bring on record the copy of departmental enquiry and other such necessary relevant document or record for adjudication of the present petition; b.) To quash and set-aside dismissal order(s) dated 12.07.2021 and 16.11.2022 passed by the Respondents; c.) To pass directions to the Respondents for re-instatement of the Petitioner in service, w.e.f. 12.07.2021, along with arrears of pay and allowances for the time duration; 13:17 Neutral Citation Number: 2023/DHC/001518 d.) Alternatively, to mitigate the sentence of the Petitioner from dismissal to any less severe punishment and pass directions to the Respondents to release the retirement and other such pension benefits of the Petitioner, w.e.f., 12.07.2021”

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has filed an appeal on 23.12.2022 under Rule 28 of the Central Reserve Police Force Rules, 1955 before the respondent No. 2 against the Dismissal Order dated 12.07.2021 passed by the respondents, however, the same has not yet been decided by the respondent No. 2/Director General, Central Reserve Police Force.

5. Accordingly, we hereby dispose of the present petition directing the respondent No. 2 to take a final decision on the appeal filed by the petitioner with a reasoned order within two weeks from today. The decision, so taken, shall be communicated to the petitioner in writing within one week thereafter.

6. Needless to state, if the petitioner is still aggrieved by the decision taken by the respondent No. 2, he may challenge the same before the appropriate forum.

7. The present petition is disposed of. (SURESH KUMAR KAIT) JUDGE (MINI PUSHKARNA)