Pradhan Yantrik Rakesh Kumar v. Union Of India And ORS.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1461/2024 & CM APPL. 6036/2024 PRADHAN YANTRIK RAKESH KUMAR ..... Petitioner Through:

Ms. Chhavi Yadav and Mr. Ajit Kakkar, Advs.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.

Abhishek Saket, Sr.

Panel Counsel with Mr. Jitendra Kumar Tripathi, G.P. and Ms. Sanna, Adv.

for UOI

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 01.02.2024 1.

This petition has been filed by the petitioner with the following prayers:- "a) To pass a writ of Certiorari to set show cause Notice bearing No.NK/0329/Sarthak (ix) dated 23.10.2023. b) To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper." 2.

The primary challenge in this petition is to the show cause notice dated October 23, 2023, paragraph 3 thereof reads as under:- "3.

THEREFORE, I hereby afford you an opportunity to show cause as to why action for termination of your service under Section 11 of the Coast Guard Act, 1978, read with Rule 23 of the Coast Guard (General) Rules, 1986, should not be taken against you for the above mentioned serious rnisconduct which has lowered the image of service in the eyes of public." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:21:13

3.

It is a conceded position that the petitioner has replied to the show cause notice and the same is pending consideration with the respondents. 4.

If that be so, the proceedings being at the show cause stage, the present petition is premature / not maintainable. Accordingly, we dismiss this petition along with pending application. Liberty shall be with the petitioner to seek such remedy, as available in law, if any order is passed to his prejudice.

V. KAMESWAR RAO, J SAURABH BANERJEE, J FEBRUARY 1, 2024/ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:21:13