EX CONST CREW DEEPAK KUMAR YADAV vs UNION OF INDIA & ORS.

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2025 + W.P.(C) 47/2025 & CM APPL. 148-49/2025 EX CONST CREW DEEPAK KUMAR YADAV .....Petitioner Through: Mr.S.S. Pandey & Mr.Roshan Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms.Avshreya Pratap Singh Rudy, SPC with Ms.Usha Jamnal & Ms.Harshita Chaturvedi, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) 1. This petition has been filed by the petitioner praying for the following reliefs: “(a) Issue a Writ of Certiorari calling for the records including the Court of Inquiry which was finalized illegally and used against the Petitioner to pass Impugned Order dated 02.12.2021 vide which Petitioner was dismissed from service and the records based on which Impugned Orders was passed rejecting his representation against such order of termination and thereafter quash all such orders including the Court of Inquiry. (b) Issue a Writ of Mandamus further, by directing the Respondents to permit the petitioner to the issuance of the Writ in the nature of Mandamus by directing the Signature Not Verified Digitally Signed W.P.(C) 47/2025 Page 1 of 4 By:SUNIL Signing Date:13.01.2025 19:04:11 Respondents to permit the petitioner to rejoin services with all consequential benefits” 2. The Impugned Order dated 02.12.2021 has been passed by the Officer Commanding, Water Wing, BSF, Rajarhat Action Area, New Town, Kolkata, striking off the petitioner from the strength of the Water Wing, BSF, Rajarhat with effect from 02.12.2021, inter alia observing as under:- “3. Under the provision of Rule 17 of the BSF Rules-1969, No 160801020 Const (Crew) Deepak Kumar Yadav of Water Wing, BSF, Rajarhat was given an opportunity to show Cause vide this HQ Lette