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HIGH COURT OF DELHI
Date of Decision: 07.03.2023
CT.(GD) SUDHIR KUMAR SINGH ..... Petitioner
Through: Mr.V.S. Dubey & Mr.Sushil Kumar, Advocates.
Through: Mr.Syed Abdul Haseeb & Mr.Kapil Dev Yadav, Advocates.
Sh.Hemandra Singh, DC (LAW)
BSF.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Allowed, subject to just exceptions.
2. The application is disposed of. W.P.(C) 2861/2023 & CM APPL. 11099/2023
3. Vide the present petition, petitioner prays as under: a. To direct the respondents to quash/set aside the impugned suspension orders No.(111)E011/Voluntary Retirement/160bn/Bsf/2022/14281-89 dated 11.07.2022 passed by the Respondent No.3, in the interest of justice; b. To direct the respondent No.3 to pass the speaking order on 20.09.2022 on representation filed by the petition in the office of respondent for seven days leave for availing legal remedy; c. To direct respondents not to detain his present posting illegally by the Commandant, BSF Jalalabad, Punjab since Seven Month. 14:18 Neutral Citation Number: 2023/DHC/001747 W.P.(C) 2861/2023
4. Learned counsel appearing on behalf of the petitioner submits that the departmental inquiry is going on against the petitioner since July, 2022 and till date he has not been granted leave even for a single day.
5. Mr.Syed Abdul Haseeb, learned counsel for the respondents, appears on advance notice, submits that in the inquiry, the brother of the petitioner (Mr.Mukesh Kumar) in whose account money has been transferred by the petitioner has not been examined till date and if leave is granted before the examination of the brother of the petitioner, the petitioner may influence the victim.
6. On instructions, learned counsel for the petitioner has given undertaking that his brother will join the proceedings for statement within two weeks.
7. Accordingly, as agreed, we direct the respondents to examine the brother of the petitioner on 22.03.2023 and the examination shall be completed on the said date. Thereafter, the petitioner may approach the respondents by filing application for leave and respondents are directed to decide the same as per the procedure.
8. It is agreed by the respondents that as and when the family of the petitioner visits his place, they will allow them to meet the petitioner.
9. In view of above, petition is disposed of.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE MARCH 07, 2023 14:18