Subedar Dhani Ram (Retd.) v. Union of India & Ors.

Delhi High Court · 05 Dec 2022 · 2022:DHC:5352-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 16662/2022
2022:DHC:5352-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging a 2003 Red Ink Entry and denial of Honorary Commission Rank due to inordinate delay and laches.

Full Text
Translation output
2022/DHC/005352
W.P.(C) 16662/2022
HIGH COURT OF DELHI
Date of Decision: 5th December, 2022 + W.P.(C) 16662/2022
SUBEDAR DHANI RAM (RETD.) ...... Petitioner
Through Ms. Shreya Gulati, Advocate.
VERSUS
UNION OF INDIA & ORS. ..... Respondent
Through Mr. Vikrant N. Goyal and Mr. Yash Tandon, Advocates with Major Pratho
Katyayan for R-1 to 5.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)
CM APPL. 52515/2022

1. Exemption is allowed subject to filing of fair typed copies of dim annexures and documents with appropriate margins within four weeks.

2. The application is disposed of.

3. Admittedly, the petitioner was awarded Red Ink Entry in the Summary Trial Proceedings dated 29.01.2003. The petitioner did not challenge thereafter, however, made a statutory complaint on July 12 2019. Same was rejected on 15.10.2020.

4. Vide the present petition, the petitioner seeks the quashing of the Red Ink Entry dated 29.01.2003 and the denial of the Honorary Commission 2022/DHC/005352 Rank in 2018, 2019 & 2020. The case of the petitioner is that the others who have been considered had secured 39 marks and the petitioner had also secured the same. Despite that, the said Honorary Commission Rank was not awarded to the petitioner. The petitioner has already retired as subedar on 30.04.2021.

5. The case of the respondent is that the Honorary Commission Rank is given every year to the officers who have displayed outstanding service, without any red ink entry.

6. Admittedly, there is a Red Ink Entry against the petitioner, which was awarded on 29.01.2003 and had never been challenged till 12.07.2019.

7. At this state, the present petition is barred by delay and laches.

8. The Court does not find any ground at this stage, the same is accordingly dismissed.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA) JUDGE