EX CONST AMIT KUMAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 09.09.2025 Judgment pronounced on: 26.09.2025 + W.P.(C) 7635/2022 EX CONST AMIT KUMAR .....Petitioner Through: Mr. S.N. Sharma and Mr. A. Pal Yadav, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Niraj Kumar, Sr. Central Govt. Counsel with Mr. Rishav Dubey, (G.P) & Mr. Chaitanya Kumar, Advs. Mr. Arshdeep Singh Randhawa-Legal Officer, RAF. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA % JUDGMENT 26.09.2025 OM PRAKASH SHUKLA, J. 1. The present writ petition has been filed under Article 226 of the Constitution of India vide which the petitioner seeks to quash/set aside (i) the impugned order dated 18.09.2015, whereby he was dismissed from service pursuant to a departmental enquiry and (ii) order dated 22.05.2019, whereby the said dismissal order was upheld by the appellate authority. The petitioner further seeks reinstatement in services with all consequential benefits. Signature Not Verified W.P.(C) 7635/2022 Page 1 of 18 Signed By:PREETI Signing Date:26.09.2025 14:30:14 2. The facts leading to the present petition are that on 01.02.2015, cross-FIRs were lodged at PS Jaffarpur Kalan, Delhi. They arise from the same incident wherein the petitioner, serving as a Constable in the Central Reserve Police Force1, was detailed at police station, Jafarpur Kalan, during the Delhi Assembly Elections 2015, along with CT/GD Vishnu Kumar Tiwari and CT/GD Suvankar Mandal. During his deployment, a scuffle broke out between petitioner and some local village people on the said date i.e. 01.02.2015. It was alleged that the petitioner had consumed alcohol, quarrelled with one Ravi and another civilian, and discharged two rounds from his service rifle; two live rounds were