Bhau Shaheb Kishan Nagare v. Union Of India & ORS.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5597/2022 BHAU SHAHEB KISHAN NAGARE .....Petitioner Through:

Mr. Alim Anvar and Mr. Nishe Rajen Shonker, Adv.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Ms. Abha Malhotra, SCGC with Ms.

Amrita Sony, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 06.09.2024 1.

By way of the present petition under Article 226 of the Constitution of India, the petitioner, who is presently working as a Constable (General Duty) in the Central Industrial Security Force (CISF), has approached this Court assailing the grading of 'average' endorsed in his Annual Performance Assessment Report (APAR) for the year 2018.

2.

At the very outset, learned counsel for the petitioner submits that even though his earlier representation already stands rejected by the Senior Commandant, he may be granted an opportunity to approach the Director General (DG), CISF by way of a representation, who may be directed to consider the same compassionately.

3.

In response, learned counsel for the respondents submits that there is no provision under the CISF Rules, 2001 for a second representation and 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 09/09/2024 at 12:17:58

therefore, prays that the petitioner's prayer for permission to file a second representation be rejected.

4.

Having considered the submissions of learned counsel for the parties on the aforesaid aspect, we are of the view that in the peculiar facts of the present case and taking into account the good service record of the petitioner, it would be in the interest of justice to grant him an opportunity to make a second/another representation before the Director General. We, accordingly, dispose of the writ petition by granting the petitioner four weeks' time to make a representation to the DG, CISF. Further, we direct the DG, CISF to decide the said representation within twelve weeks from the date of receipt thereof.

5.

Needless to say, since we have not expressed any opinion on the merits of the petition, in case, the petitioner is aggrieved by any order passed by the DG, it will be open for him to seek legal recourse as permissible in law.

REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 6, 2024/ss 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 09/09/2024 at 12:17:58