SAPAN SUMAN vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.01.2026 Judgment pronounced on: 31.01.2026 Judgment uploaded on: 31.01.2026 + W.P.(C) 4181/2022 & CM APPL. 12528/2022, CM APPL. 12530/2022, CM APPL. 21213/2024 SH. SAPAN SUMAN .....Petitioner Through: Ms. Kanika Agnihotri, Mr. Vaibhav Agnihotri, Mr. Ankit Singh, Mr. Vidit Pratap Singh, Mr. Harshit Kiran, Ms. Suruchi Khandelwal and Ms. Khushi Anand, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Ms. Monalisha Pradhan, Advocates. Mr. Vinod Sawant, Law Officer, Mr. Avinash Yadav, I/C (C.R. Vig.) and Mr. Ramniwas Yadav, CRPF for Union of India. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. By way of the present petition, the Petitioner assails the correctness of an Office Order dated 02.02.2015 issued by the Respondent No.2, leading to an Inquiry Report dated 01.11.2021 and a consequent Show Cause Notice dated 09.02.2022 issued against the Signature Not Verified Signed By:JAI NARAYAN Signing Date:31.01.2026 W.P.(C) No. 4181/2022 Page 1 of 16 12:04:30 Petitioner. BRIEF FACTUAL MATRIX: 2. The issues requiring adjudication of this Court in the present Petition are two-folded. Firstly, whether the Respondent No.2 has failed to act in compliance with the prescribed rules under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [hereinafter referred to as ‘Rules of 1965’] and the Office Memorandum dated 16.07.2015 issued by the Department of Personnel and Training (‘DoPT’) [hereinafter referred to as OM of 2015] thereby rendering the inquiry report and all consequential proceedings void ab initio in eyes of law. Secondly, the question arises whether a constit