RAKESH KUMAR MISHRA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.02.2025 + W.P.(C) 1636/2025 RAKESH KUMAR MISHRA .....Petitioner Through: Mr. Aditya Pratap Singh, Mr. Mayank Sapre and Mr. Dheeraj Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ankit Verma, SPC along with Mr. Archana Kumari, Adv. for R-1 to 6. CORAM: HON’BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present petition has been filed by the petitioner, praying for the following relief: “a) Issue a writ of certiorari or any other appropriate writ, order or direction thereby calling for records from the Respondents and quashing the order of dismissal dated 27.06.2011 (Annexure: P-5), the appellate order dated 13.09.2011(Annexure: P-7), and the revision order dated 15.02.2012 (Annexure: P-8), collectively confirming Writ Petitioner’s dismissal from service; b) Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the Respondents to reinstate the Writ Petitioner in service with all consequential benefits, including back wages; and/or c) Issue any other writ, direction or order, which this Hon’ble court may deem fit and proper under the facts and circumstances of the case.” Signature Not Verified Digitally Signed W.P.(C) 1636/2025 Page 1 of 8 By:NEELAM Signing Date:14.02.2025 17:05:13 2. A brief narrative of facts is that the petitioner was enrolled in the Railway Protection Force (‘RPF’) as a Constable in the year 1989 and was transferred to the Delhi Cantonment in the year 1990. 3. The petitioner, on 21.04.2010, was served a Charge-Sheet for a minor penalty under Rule 158 of the Railway Protection Force Rules, 1987 (in short, ‘the Rules’). On conclusion of the departmental proceedings, the Assist