Amit Hansda v. Union of India and Ors.

Delhi High Court · 06 Apr 2021 · 2021:DHC:1209-DB
Manmohan; Asha Menon
W.P. (C)4199/2021
2021:DHC:1209-DB
administrative appeal_allowed

AI Summary

The Delhi High Court directed that writ petitions challenging termination orders be treated as statutory appeals and ordered the competent authority to decide them by a reasoned order within two weeks, without expressing any opinion on the merits.

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W.P. (C)4199/2021 & other connected
HIGH COURT OF DELHI
W.P.(C) 4199/2021 & C.M.Nos.12760-12761/2021
AMIT HANSDA ..... Petitioner
Through Mr.Ankur Chhibber with Mr.Anshuman Mehrotra, Advocates.
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through Mr.Vikrant N.Goyal with Mr.Jaitender Tripathi, Advocates.
W.P.(C) 4212/2021 & C.M.Nos.12801-12802/2021
HARJEET SINGH ..... Petitioner
VERSUS
Through Mr.Vivek B.Saharya with Mr.Sishnat Bhati, Advocates for UOI.
W.P.(C) 4267/2021 & C.M.Nos.12978-12979/2021
ALOK PATEL ..... Petitioner
VERSUS
Through None
Date of Decision: 06th April, 2021 2021:DHC:1209-DB
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):

1. Present writ petitions have been filed challenging the Show Cause Notice dated 15th July 2019 as well as the termination order dated 18th March 2021 passed by the Respondents. Petitioners seek reinstatement in service w.e.f. 02nd April 2021 with all consequential benefits and relaxation by the Respondents by treating the Petitioners as having completed basic training and declaring the Petitioners entitled to all consequential benefits including confirmation.

2. A perusal of the paper book reveals that the Petitioners have filed statutory appeals against the impugned termination order. However, the same have not been decided till date.

3. At this stage, learned counsel for the Petitioners states that the statutory appeals that had been filed do not contain all the grounds. He prays that the present writ petitions be treated as statutory appeals of the Petitioners and a direction be issued to the Deputy Inspector General, Sector Headquarters (Special Campaign), Gaya to decide the same by way of a reasoned order.

4. Accordingly, the present writ petitions are directed to be treated as statutory appeals and the Deputy Inspector General, Sector Headquarters (Special Campaign), Gaya is directed to decide the same by way of a reasoned order within two weeks.

5. Learned counsel for the Petitioners is directed to serve copies of the present writ petitions upon Deputy Inspector General, Sector Headquarters (Special Campaign), Gaya through e-mail by tomorrow.

6. This Court clarifies that it has not expressed any opinion on the merits of the controversy. All the rights and contentions of the parties are left open.

7. With the aforesaid direction, the present writ petitions along with pending applications stand disposed of. MANMOHAN, J ASHA MENON, J APRIL 06, 2021 KA