EX CONST CREW PRAMOD YADAV vs UNION OF INDIA THROUGH & ORS.

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14.01.2025 + W.P.(C) 403/2025 EX CONST CREW PRAMOD YADAV .....Petitioner Through: Mr. S.S. Pandey & Mr. Adarsh Pandey, Advs. versus UNION OF INDIA THROUGH & ORS. .....Respondents Through: Mr.Syed Abdul Haseeb, CGSC. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) CM APPL. 2068/2025 1. Allowed, subject to all just exceptions. W.P.(C) 403/2025 & CM APPL. 2067/2025 2. 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 if was conducted and finalized illegally and used against the Petitioner to pass Impugned Order dated 17.09.2019 vide which Petitioner was dismissed 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) 403/2025 Page 1 of 4 By:NEELAM Signing Date:17.01.2025 15:46:46 Respondents to permit the petitioner to rejoin services with all consequential benefits.” 3. The Impugned Order dated 17.09.2019 has been passed by the Inspector General, BSF, Frontier Headquarter, BSF, M&C, SILCHAR, PO- Arunachal, Distt.- Cachar (Assam), striking off the petitioner from the strength of the Water Wing Masimpur, HQ, BSF, M&C with effect from 17.09.2019, inter alia observing as under: “3. Whereas, taking into consideration all the facts & circumstances of the case, I am satisfied that further retention of No 161200194 Const (Crew) Pramod Yadav in BSF is undesirable. I, therefore, dismiss No.161200194 Const (Crew) Pramod Yadav of Wa