Chandan Kumar Singh v. Union Of India And Others

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5304/2024 & CM APPL. 21757/2024 ( for exemption) CHANDAN KUMAR SINGH ..... Petitioner Through:

Mr. Nand Lal Bareja, Advocate versus UNION OF INDIA AND OTHERS ..... Respondents Through:

Ms. Shubhra Parashar, Mr. Yashaswi SK Chocksey, Advocates with Mr.

Sanjay Kumar, Inspector (CISF) for R-1 to 3

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE % 10.04.2024

O R D E R

1.

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

a) Issue an appropriate writ, order(s) or directions(s) in the nature of:- i) Writ of Certiorari by quashing / setting aside the impugned letter dated 01.03.2024, and para 13 (D) of the Notification dated 12.01.2024, under the heading eligibility criteria, as it pertains to the award of major or minor punishment during the entire service of the candidate, being violative of the eligibility criteria as set out in the CISF rules, RRs -2018, read with the provisions contemplated in this regard in the communication dated 05.09.2023, directing holding of DPCs in respect of subordinate ranks in the CISF for promotion in the feeder cadre, and pursuant there to;

ii) Issuance of writ of mandamus, directing the respondents to allow the candidature of the petitioner for participating in the recruitment process for appointment to the post of ASI (Exe.) in CISF through LDCE 2023 onwards, by ignoring 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 22/04/2024 at 12:42:35

the endorsement of the minor punishment of 'Censure' inflicted on him during Feb. 2013.

b) Direct the respondents to pay costs of this petition to the petitioner for compelling him to approach this Hon'ble Court for indulgence to seek justice.

c) Any other or further writ order(s) or direction(s) as deemed fit and proper may also be passed in favour of the petitioner and against the respondents.

2.

Mr. Bareja submits that he would be satisfied if the respondents consider the petition as a representation on behalf of the petitioner and decide the same within a time period.

3.

Learned counsel for the respondents states the same shall be decided within four weeks as an outer limit, keeping in view the judgement dated April 27, 2023 in W.P.(C) 1436/2020 titled as Sumit Anand vs. Union of India and Ors., passed by this Court.

4.

If that be so, the petition be treated as a representation on behalf of the petitioner and for decision by the respondents within four weeks as an outer limit.

5.

If the petitioner has any grievance with regard to the order to be passed by the respondents, he shall seeks certain remedy as available in law. 6.

With the above terms, the petition alongwith the pending application is disposed of.

V. KAMESWAR RAO, J SAURABH BANERJEE, J APRIL 10, 2024/akr 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 22/04/2024 at 12:42:35