Mithlesh Kumar v. Union Of India

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3812/2025 & CM APPL. 17736/2025 MITHLESH KUMAR .....Petitioner Through:

Mr. Mandeep Baisala and Mr.

Yashpal Singh, Advs.

versus UNION OF INDIA .....Respondent Through:

Mr. Jitesh Vikram Srivastava, SPC with Mr. Prajesh Vikram Srivastava, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 26.03.2025 1.

The case of the petitioner for recruitment to the post of Constable (GD) in the Central Industrial Security Force1 is presently pending before a Standing Screening Committee of the CISF as an FIR 200/2022 stands registered against the petitioner, for which he is facing trial before a trial court in Bihar.

2.

The prayer in this writ petition is for issuance of a writ of mandamus to the CISF to allow the petitioner to conditionally join as Constable (GD) in the CISF during the pendency of trial in the aforenoted FIR, with an undertaking that, in the event that the criminal trial ends in conviction of the petitioner, the respondents would be at liberty to terminate the petitioner.

KUMAR 19:06:45 W.P.(C) 3812/2025

3.

We have queried of Mr. Baisala, learned Counsel for the petitioner as to whether there is any provision in the law under which such a relief can be granted. He is unable to show this Court any such decision.

4.

We are of the view, therefore, that this writ petition is premature as the case of the petitioner is presently pending before the Standing Screening Committee of the CISF.

5.

We, therefore, deem it appropriate to dispose of this writ petition with a direction to the Standing Screening Committee of the CISF to take a decision on the petitioner's case pending before it within a period of four weeks from today and communicate the decision forthwith to the petitioner.

6.

Needless to say, should the petitioner continue to remain aggrieved, his rights in law shall remain reserved. 7.

The writ petition is accordingly disposed of. C. HARI SHANKAR, J AJAY DIGPAUL, J MARCH 26, 2025 ar Click here to check corrigendum, if any 1 "CISF" hereinafter KUMAR 19:06:45 W.P.(C) 3812/2025