Shri Dal Chand Singh v. Union Of India And ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3919/2024 & CM APPL. 16185/2024 SHRI DAL CHAND SINGH ..... Petitioner Through:

Mr. Bijendra Kr. Pathak, Adv.

versus UNION OF INDIA AND ORS ..... Respondents Through:

Mr. Ranvir Sngh, SPC with Mr.

Rahul Kr. Sharma, Govt. Pleader and Mr. Hemendra Singh, DC, Law (BSF)

CORAM:

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

O R D E R

% 15.03.2024 CM APPL. 16185/2024 Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(C) 3919/2024 1.

This petition has been filed by the petitioner with the following prayers:

"It is, therefore, most respectfully prayed that this Hon 'ble Court may kindly be pleased to:- i) Issue a Writ of Mandamus or Certiorari or any other Writ for direction to the respondent no. 1 to 3 to quash its final order NO.V15014/MAJ-09/GHG/L&R/2013/3910 dated 19.01.2023 of dismissal from service of BSF and pass an order for reinstatement 1n the service with all consequential benefits. ii) Or pass direction to the respondent no. 1 to 3 to grant the service pension to the petitioner for his long service as the 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 21/03/2024 at 12:22:22

petitioner served for 32 years and 10 months of long service for the respondents in the interest of justice.

iii) Or pass any other and further writ, order or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case."

2.

Learned counsel appearing for the petitioner submits that though an appeal has been filed with the statutory authority, the same has not been disposed of even after expiry of 8 months.

3.

Learned counsel appearing for the respondents on instructions submits that the petitioner despite being granted an opportunity to apply for SCF proceedings, the petitioner has not applied for the same and hence the appeal which has been filed by the petitioner shall be disposed of within six weeks as an outer limit.

4.

If that be so, taking the submissions made by the counsel for the respondents on instructions, on record, we dispose of the petition. 5.

If the petitioner is aggrieved by any order to be passed in appeal, liberty shall be with the petitioner to seek such remedy as available in law. V. KAMESWAR RAO, J SAURABH BANERJEE, J MARCH 15, 2024/jg 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 21/03/2024 at 12:22:22