NARENDER SINGH vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.01.2025 + W.P.(C) 1394/2019 NARENDER SINGH .....Petitioner Through: Mr.K.K. Sharma & Mr.Harshit Agarwal, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Rajesh Kumar, SPC/UOI with Mr. Yash Narain, Mr. Rahul Kumar, Advs. with SI Shiv Kumar Singh, CRPF. 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filed by the petitioner, challenging the order dated 18.11.2017 passed by the respondents, by which the respondent had withdrawn the second financial upgradation under the ACP scheme to the petitioner, observing that the petitioner was not entitled to the grant of the same as he had expressed unwillingness to undertake the promotional course before the completion of 24 years of qualified service. 2. The learned counsel for the petitioner submits that, before the issuance of the Impugned Order, the petitioner was not issued any Signature Not Verified Digitally Signed W.P.(C) 1394/2019 Page 1 of 3 By:SUNIL Signing Date:27.01.2025 17:09:29 Show Cause Notice nor granted any opportunity of a hearing. He submits that the Impugned Order is, therefore, void in law. 3. On the other hand, the learned counsel for the respondent reiterates that, as the petitioner was not entitled to the grant of the second ACP for failing to undertake the promotional course, the benefit which was wrongly extended to him, was withdrawn. 4. We have considered the submissions made by the learned counsels for the parties. 5. Admittedly, the petitioner had been granted the benefit of the second ACP by an order dated 06.10.2015, with effect from 15.12.2006, the date when he completed 24 years of regular service. By the Impugned Order dated 18.11.201