EX CONST CREW PRADEEP vs UNION OF INDIA & ORS.

Judgment text excerpt

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2025 + W.P.(C) 67/2025 & CM APPLs. 200/2025 & 201/2025 EX CONST CREW PRADEEP .....Petitioner Through: Mr.S.S. Pandey & Mr.Roshan Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Kushagra Kumar, SPC with Mr.Abhinav Bhardwaj, GP & Mr.Vipul Mittal, Adv. 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 13.05.2022 vide which Petitioner was dismissed from service 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) 67/2025 Page 1 of 4 By:SUNIL Signing Date:13.01.2025 19:07:08 Respondents to permit the petitioner to rejoin services with all consequential benefits.” 2. The Impugned Order dated 13.05.2022 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 13.05.2022, inter alia observing as under: 3. The order having been passed at Kolkata, we enquired from the petitioner as to how he invoked the jurisdiction of this Court for entertaining the present petition. In response, the learned counsel for the petitioner submitted that as the Impugned Order places reliance on the Court of Inquiry that was conducted at Delhi