DEEPAK KUMAR vs DIRECTORATE OF CIVIL DEFENCE, GOVERNMENTOF NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 18.09.2025 Judgment pronounced on: 09.12.2025 + W.P.(C) 4233/2022 DEEPAK KUMAR .....Petitioner Through: Mr. Chirayu Jain, Adv. versus DIRECTORATE OF CIVIL DEFENCE, GOVERNMENTOF NCT OF DELHI & ANR......Respondents Through: Mr. Kavindra Kumar Gill, SPC Mrs. Avnish Ahlawat, SC with Mr. N.K. Singh, Adv. + W.P.(C) 16081/2023 FARUK KHAN .....Petitioner Through: Mr. Chirayu Jain, Adv. versus DIRECTORATE OF CIVIL DEFENCE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Chaitanya Kumar, Adv. Mrs. Avnish Ahlawat, SC with Mr. N.K. Singh, Adv. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 09.12.2025 Signature Not Verified Signed By:PREETI W.P.(C) 4233/2022 & W.P.(C) 16081/2023 Signing Date:09.12.2025 Page 1 of 46 19:14:28 OM PRAKASH SHUKLA, J. 1. Both the writ petitions have been filed under Article 226 of the Constitution of India challenging the vires of Section 6(2) and Section 14(1) of the Civil Defence Act, 19681 on the ground of non- justiciability of an order of dismissal under Section 6(2) of the Act, presumably since the same cannot be challenged in any court of law by the operation of Section 14(1) of the Act, thereby, purportedly enforcing an absolute bar on judicial review. 2. The common background of both writ petitions is that the petitioners served as Civil Defence Volunteers/ Members2 on voluntary and honorary basis in the Civil Defence Corps3. The petitioners herein are aggrieved by their dismissal from service or “call-out duty”. They are present before this Court seeking, inter alia, reinstatement of service and damages for the loss of duty allowance with effect from the date of discharge. 3. The